Delhi High Court - Orders
Batliboi Ltd vs Kiran Sharma on 20 October, 2023
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 294/2023 & CM APPL. 55269/2023 and CM APPL.
55270/2023
BATLIBOI LTD ..... Petitioner
Through: Mr. Ramesh Singh, Sr. Adv. with Mr.
Akshay Ringe, Mr. Rambhakt
Agarwal, Ms. Megha Mukerjee and
Ms. Shelly Singh, Advs.
versus
KIRAN SHARMA ..... Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 20.10.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 55269/2023 [Exemption]
1. Allowed, subject to the Petitioner filing translated and legible copies of document of the annexures within two weeks.
RC.REV. 294/2023 & CM APPL. 55270/2023 [Application seeking interim relief]
2. The present Revision Petition has been filed by the Petitioner/tenant impugning the Order dated 27.04.2023 [hereinafter referred to as "Eviction Order"] passed by the learned SCJ-cum-RC (South-East) Saket Courts, New Delhi qua the premises i.e., Shop No. N-197-A, Greater Kailash -I, New Delhi - 110 048. [hereinafter referred to as "demised Premises"]. The Eviction Order has been passed after a complete trial was conducted by the Trial Court.
RC.REV. 294/2023 page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:27:57
3. Learned Senior Counsel for the Petitioner/tenant has made the following submissions:
(i) The issue at hand is a jurisdictional one and that the Eviction Order has been passed for vacation of the entire demised Premise and what was leased was only a part of the demised Premises to the Petitioner/tenant. It is contended that one front bed room with attached bath room does not form part of the tenanted premises. Reliance is placed in this regard on paragraph 8 of the Eviction Petition filed by the Respondent/landlord before the Trial Court which reads as follows:
8 Details of accommodation The property in question was let out by the available together with mother of petitioner in the year 1976 at a rate of particulars as regards ground 1150/- consisting of two bed room one dining area garden and out house, if cum --drawing room, one baths, one kitchen, one any. (Plan to be attached) Servant room with W.C. However after the death of the mother of the petitioner in the year 20.07.1991, one front bed room with attached bath room is also in possession of the respondent. Now the tenant is holding over the entire built up property as per site plan attached as Annexure 1
(ii) The bona fide requirement of the Respondent/landlord as set forth in the Eviction Petition was for the need of the Respondent/landlord and his daughter as well as the brother and sister and their family members. It is contended that the bona fide requirement of the brother and sister of the Respondent/landlord has not been proved. Additionally, the bona fide requirement of the Petitioner and his daughter is also not borne out from the evidence as produced before the Trial Court;
(iii) Lastly, it has been contended by the learned Senior Counsel for the RC.REV. 294/2023 page 2of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:27:57 Petitioner that a plea of adverse possession was taken by the Petitioner/tenant and that the Trial Court has recorded findings in the impugned order with respect to an adverse possession, which findings are impugned.
4. Prior to passing any direction, it is necessary to hear the Respondent/landlord in this matter.
4.1 For this purpose, let the learned Counsel for the Petitioner/tenant serve the Respondent/landlord a copy of the complete paper book within a week. A copy of the complete set of paper book shall also be supplied to the learned Counsel who appears on behalf of the Respondent/landlord before the Trial Court, within a week.
4.2 An Affidavit of service be filed within 10 days.
5. Learned Counsel for the parties shall file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with compilations of judgments, if any, they wish to rely upon.
5.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
6. An e-copy of the Lower Court Record shall be requisitioned, at least one week before the next date of hearing.
7. List the matter for admission on 04.12.2023.
TARA VITASTA GANJU, J
OCTOBER 20, 2023/SA
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RC.REV. 294/2023 page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:27:58