Delhi High Court - Orders
Om Parkash Raghuwani vs Rajesh Gupta on 27 April, 2026
Author: Amit Sharma
Bench: Amit Sharma
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 146/2026 & CM APPL. 28099/2026 (Stay)
OM PARKASH RAGHUWANI .....Petitioner
Through: Mr. Pradeep Dewan, Senior Advocate
with Mr. P.K. Dham and Ms.
Anupam Dhingra, Advocates.
versus
RAJESH GUPTA .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 27.04.2026
1. This hearing has been done through hybrid mode.
CM APPL. 28100/2026 (Exemption)
2. Allowed, subject to just exceptions. The application is disposed of.
RC.REV. 146/2026 & CM APPL. 28099/2026 (Stay)
3. The present petition under Section 25B(8) of the Delhi Rent Control Act, 1958, seeks the following prayers:-
"A) Call for the trial court record pertaining to eviction petition bearing RC/ARC/324/2023 titled as "Rajesh Gupta Vs. Om Prakash Raghuwani" decided by the court of Shri Bharat Aggarwal, Administrative Civil Judge - Cum Additional Rent Controller (Central), Tis Hazari Courts, Delhi;
B) Accept the present Rent Control Revision Petition with costs throughout and set aside and quash the impugned order dated 28.11.2025 passed by court of Shri Bharat Aggarwal, Administrative Civil Judge - Cum Additional Rent Controller (Central), Tis Hazari Courts, Delhi in eviction petition bearing RC/ARC/324/2023 titled as "Rajesh Gupta Vs. Om Prakash Raghuwani" and application under 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 27/04/2026 at 23:07:22 Section 25-B (4) (5) of the DRC Act filed by the petitioner for leave to contest the petition may kindly be allowed;
D) Any other further order or relief which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case and circumstances of the case may also be passed/ granted in favour of the petitioner and against the respondents.
4. Learned Senior Counsel appearing on behalf of the petitioner submits that in the eviction petition filed on behalf of the respondent/landlord following averments were made: -
"5. As such the suit shop as well as the adjoining two shops bearing Nos. 459/3 and 459/4 at property bearing Municipal No. 458-462, at Bartan Market, Sardar Bazar, New Delhi - 110006, are urgently and bonafidely required by the son of Petitioner for running his business of hosiery garments, in as much as son of the Petitioner required besides a washroom, pantry, store, area of about 250 sq.ft. with reasonable frontage of about 22 ft. For opening showroom of the same as the space is required for display and storage of business goods, counter and office etc. for which the suit shop as well as adjoining shops bearing No. 459/3 and 459/5 all forming front portion of the property bearing Municipal No. 458-462, at Bartan Market, Sardar Bazar, New Delhi - 110006, situated on the ground floor of the said property is most reasonable and suitable, as the frontage and area of the suit property is meeting the said requirement and the same is situated on main Bartan Market, Sadar Bazar, New Delhi-110006, which is centrally located and easily accessible for customers and all others concerned from all corner of the city."
5. Learned Senior Counsel appearing on behalf of the petitioner further submits that the present shop, along with the other two shops, as claimed by the respondent, is of the size of an almirah of 1-2 ft., and even if, the other two shops, as claimed by the respondent, are taken into consideration, there is no sufficient space for the respondent/landlord to open a showroom as has been claimed by him in the said eviction petition, and therefore, the alleged bonafide requirement is nothing but a tactic to force the petitioner to vacate 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 27/04/2026 at 23:07:22 the subject premises.
6. Issue notice to the respondent, on the petitioner taking necessary steps, through all permissible modes, including electronic mail, if any, returnable on 12.08.2026.
7. In the meantime, the operation of impugned order dated 28.11.2025 passed by learned ACJ-cum-ARC, Central District, Tis Hazari Courts in RC ARC 324/23 shall remain stayed till the next date of hearing.
8. Copy of the order be sent to learned ACJ-cum-ARC, Central District, Tis Hazari Courts for necessary information and compliance.
9. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J APRIL 27, 2026/sn/ns 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 27/04/2026 at 23:07:22