Delhi High Court - Orders
Mohd Hannan & Anr vs Abdul Basit on 28 February, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 120/2020
MOHD HANNAN & ANR ..... Petitioners
Through: Mr. Bahar U. Barqi, Adv.
versus
ABDUL BASIT ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 28.02.2020 CM APPL. 8117/2020 (Exemption) Allowed, subject to all just exceptions. This application is, accordingly, disposed of. RC.REV. 119/2020 and CM APPL. 8116/2020 (Stay)
1. Petitioner impugns order dated 30.09.2019, whereby the eviction petition filed by the respondent has been allowed exemption order passed.
2. Subject eviction petition was filed by the respondent contending that the respondent was in occupation of Shop No. 14, Meena Bazaar, Delhi, which was insufficient for meeting his and his family's needs.
3. Learned counsel for the petitioner submits that petitioner has, RC.REV. 120/2020 1 categorically in the written statement, taken a plea that apart from Shop No. 14, respondent was in possession of Shop Nos. 11 to 13 in Meena Bazaar besides other properties in Delhi including in Shankar Market, Connaught Place, New Delhi.
4. Learned counsel submits that in the cross-examination of the petitioner, respondents have put a suggestion that the Shop Nos. 11 to 14 are in possession of the respondents and their brother. However, they have not led any evidence to show that the respondent is in possession of only one shop bearing No. 14 and the other shops are not available to him.
5. Issue notice, returnable on 13.08.2020.
6. In the meantime, execution of order dated 30.09.2019 shall remain stayed.
7. Digital copy of the Rent Controller's record shall be requisitioned.
8. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J FEBRUARY 28, 2020 PB RC.REV. 120/2020 2