Delhi District Court
Jagroshini vs Manoj Kumar on 22 August, 2015
IN THE COURT OF MS. POOJA TALWAR:
ACJ/CCJ/ARC(SOUTH EAST DISTRICT),
SAKET COURTS, NEW DELHI
EV No. -25/2015
Unique case ID No. 02406C0187782015
Jagroshini
W/o Late Richh Lal
R/o Village Kheri, Tehsil Dadri,
District Gautam Budh Nagar, UP. ...................Petitioner
Versus
Manoj Kumar
R/o A2/1944,
BlockA2, J.J. Colony,
Madanpur Khadar, New Delhi. ...............Respondent
ORDER
1. This is a petition filed by petitioner on the ground of bonafide requirement under section 14(1) (e) read with section 25B of Delhi Rent Control Act in respect of tenanted premises bearing no. A2/1944, Ground Floor, J.J. Colony, Madanpur Khadar, New Delhi shown in red colour in the EV No. 25/2015 Jagroshini Vs. Manoj Kumar Page No. 1/3 site plan attached with the petition.
2. The facts as set out in the petition are as follows: Petitioner is the owner of property bearing No. A2/1944, Ground Floor, J.J. Colony, Madanpur Khadar, New Delhi comprising of one room and a varandah at the ground floor, a room and an open space on its first floor. The petitioner let out the ground floor of the premises to respondent in the year 2008 at a monthly rent of Rs. 1500/ per month excluding electricity, water charges and other miscellaneous charges. The husband of petitioner expired in the year 1999 leaving behind petitioner, three sons and three daughters. After the death of husband of petitioner, petitioner was unable to sustain herself and support her children, she decided to let out the residential premises i.e ground floor, A2/1944, J.J. Colony, Madanpur Khadar to respondent and petitioner decided to shift to her permanent matrimonial home at Village Kheri. Since the children of petitioner have grown up and the eldest son of petitioner is working in Railways and is of marriageable age, petitioner has decided to reside in the suit property. The petitioner has a very large family so it is most urgent requirement of the petitioner to get the suit property vacated from the respondent.
In the month of December, 2014, the petitioner made a humble request to respondent to vacate the suit premises and hand over the vacant and EV No. 25/2015 Jagroshini Vs. Manoj Kumar Page No. 2/3 peaceful possession to petitioner so that the petitioner is able to live with her children at the suit premises but the respondent has not obliged the petitioner and he is still occupying the same. Hence, the present petition.
3. Respondent was served on 20.07.2015. Till date no affidavit stating therein the grounds on which the respondent seeks to contest the present matter has been filed.
4. In view of section 25 B (4) of Delhi Rent Control Act, 1958, the averments made by the petitioner in his petition are deemed to be admitted by the respondent.
5. Accordingly, an eviction order is hereby passed in favour of the petitioner and against the respondent in respect of tenanted premises bearing No. A2/1944, Ground Floor, J.J. Colony, Madanpur Khadar, New Delhi shown in red colour in the site plan. In terms of Section 14 (7) of the Act, the petitioner shall not be entitled to obtain possession of the tenanted shop in question before expiry of a period of six months from the date of the order. File be consigned to Record Room.
(Pooja Talwar) ACJ/CCJ/ARC(SE) Saket Court, New Delhi22.08.2015 EV No. 25/2015 Jagroshini Vs. Manoj Kumar Page No. 3/3