Delhi District Court
Raj Kumar Sharma vs Sh. Gopal Sharma on 14 March, 2017
IN THE COURT OF ACJCCJARC, SHAHDARA DISTRICT, KARKARDOOMA
COURTS, DELHI.
Presided By : Sh. Jay Thareja, DJS
ARC No: 72/2014
New No. 382/2016
Raj Kumar Sharma
S/o Sh. Shiv Baran Sharma,
R/o H. No.95, Gali No.7,
Shiv Mandir Gali, Maujpur,
Delhi110053. ... Petitioner
Versus
Sh. Gopal Sharma
R/o First Floor, 215/28,
Chhawara, Gali No.5, Ambedkar Basti,
Maujpur, Delhi110053. ... Respondent
APPLICATION/PETITION U/S 14(1)(e) OF DELHI RENT
CONTROL ACT, 1958, FOR EVICTION OF TENANT
DATE OF INSTITUTION :16.07.2014
DATE OF ARGUMENTS : 06.03.2017
DATE OF DECISION : 14.03.2017
JUDGMENT
1. The present case has originated from an application/petition (henceforth 'petition') filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (henceforth 'DRC Act, 1958') by Sh. Raj Kumar Sharma (henceforth 'petitioner') against Sh. Gopal Sharma (henceforth 'respondent') seeking eviction of the respondent from one room and one kitchen with common latrine and bathroom on first floor of property no. 215/28, Chhawara, Gali No.5, Ambedkar Basti, Maujpur, Delhi110053, as shown in red colour in the site plan filed along with the petition (henceforth 'tenanted premises').
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2. In the petition, it is interalia pleaded that the petitioner is the owner and landlord qua the tenanted premises; that the respondent was inducted as a tenant by the petitioner, four years back; that the current rate of rent payable by the respondent qua the tenanted premises is Rs.1900/ per month; that the family of the petitioner comprises of his mother, Smt. Prema Devi, his wife, Smt. Sushila Sharma, his son, Ajay Kumar Sharma, his daughterinlaw, Smt. Anjula Sharma, his grandson, Master Ansh, his other son, Vijay Kumar Sharma, his unmarried daughter, Ms. Aarti Sharma and his married daughter, Ms. Bharti Sharma; that the petitioner and his family are short of space at their current residence viz. H.No. 95, Gali No.7, Shiv Mandir Gali, Maujpur, Delhi110053 and that the petitioner bonafidely requires the tenanted premises for using it as a residence for his family members.
3. The record of the Court file shows that notice/summons qua this petition was/were ordered to be issued qua the respondent as per the form specified in the third schedule of the DRC Act, 1958 on 17.07.2014. The said notice/summons were served upon the respondent, through Sh. Anand Mohan, Advocate on 17.08.2016. Upon such service, the respondent had filed the leave to defend application/affidavit as per Section 25B(4) of the DRC Act, 1958, on 17.10.2016. Along with the said leave to defend application/affidavit, the respondent had also filed an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing of the said leave to defend application/affidavit.
4. The 45 days delay in the filing of leave to defend application/affidavit by the respondent cannot be condoned by this Court, in view of the law laid down in Prithipal Singh (Dead) through LRs v. Satpal Singh, 2010 (2) SCC 15 and Bhim Sen Batra v Shreyans Buildwell Pvt. Ltd., 2015 (2) RCR (Rent) 88.
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5. In Section 25B(4) of the DRC Act, 1958, it is stated that in cases arising from an application/petition filed by a landlord under Section 14(1)(e) etc. for bonafide requirement, if the respondent/tenant does not filed leave to defend application within 15 days from date of service, the contents of the application/petition shall be deemed to be admitted by the respondent/tenant and the petitioner/landlord shall be entitled to an Order for eviction on the ground of bonafide requirement. Thus, keeping in view the specific mandate of Section 25(4) of the DRC Act, 1958, the present petition is allowed. It is directed that the respondent be evicted and the petitioner be put in possession of one room and one kitchen with common latrine and bathroom on first floor of property no. 215/28, Chhawara, Gali No.5, Ambedkar Basti, Maujpur, Delhi110053, as shown in red colour in the site plan filed along with the petition.
6. Before parting with this Order, it is clarified that as per Section 14(7) of the DRC Act, 1958, this Order shall not be enforceable for the period of six months from today.
7. After completion of necessary formalities by the Ahlmad, the file shall be consigned to the record room.
Announced in open Court (Jay Thareja)
today on 14.03.2017 ACJ/CCJ/ARC/Shahdara
Karkardooma Courts/Delhi
ARC No.72/2014
Raj Kumar Sharma v Gopal Sharma
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