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1. Present petition has been filed under Section 14 (1) (e) read with section 25 (B) of Delhi Rent Control Act, 1958 (hereinafter referred to as 'DRC Act') for eviction of the respondent in respect of the portion situated at the ground floor of property bearing no. 4228, (NEETU NAGAR) JSCC-ASCJ-GJ, South East District, Saket Courts (the then ARC-02, Central District, THC) 12.01.2024 Page no.1 of 38 RC ARC No: 80140/16 Narinder Kumar Gupta Vs. Ram Gopal Sharma Gali Bahuji, Pahari Dhiraj, Delhi-110006 which is shown in red colour of the site plan attached with the present petition (hereinafter referred to as 'tenanted premises').

2.2 It is averred that the petitioner requires one guest room, separate dining room as well as a Pooja room as there is none. It is further stated that the daughter of the petitioner frequently visits the petitioner along with her husband and a son aged about 7 years and due to paucity of accommodation, they have to stay in the drawing room. The in-laws of the petitioner are residents of Haridwar (Uttranchal) and they stay in the drawing room as there is no separate guest room.It is further averred that the petitioner and his wife are (NEETU NAGAR) JSCC-ASCJ-GJ, South East District, Saket Courts (the then ARC-02, Central District, THC) 12.01.2024 Page no.2 of 38 RC ARC No: 80140/16 Narinder Kumar Gupta Vs. Ram Gopal Sharma otherwise elderly persons and require the tenanted portion at ground floor for their comfortable stay as they are having difficulty to climb the first floor. It is stated that there are three other old tenants namely Shri Sachin Gupta and Shri Ashwani Jain on ground floor and one tenant namely Shri Bablu son of Shri Babu Ram on the first floor in respect of one godown each which portions have been shown in blue colour in the site plan. The Barsati at the second floor is in dilapidated condition and otherwise also it can not be used for residential purpose. 2.3 It is further stated that the petitioner himself is carrying on business of hosiery raw material items from a small shop on the ground floor shown in black colour whereas, his son is carrying real estate business from a rented shop in property bearing no. 4210/1 Gali Nihal Singh, Pahari Dhiraj, Sadar Bazar, Delhi. The portion shown in yellow colour on the ground floor is lying locked as there is no approach, on account of the partition wall as shown in dotted lines which has been raised by the owner of the adjoining portion Sh.

Mahinder Kumar. Moreover, the said portion is so small which can not be used for any purpose. Only after the suit premises is vacated, the said portion can be approached. The requirement of the petitioner is most bonafide and urgent. It is submitted that neither the petitioner nor any of his family member own any other suitable residential property in Delhi.

2.4 It is stated that a notice dated 09. 07. 2012 was sent to the respondent but he failed to comply with the same. It is averred that the predecessor of the respondent was an old tenant in the tenanted premises when the grand father of the petitioner namely Shri Ram Chander purchased the subject property vide registered sale deed dated 20.10.1970 from previous owner Smt. Sona Devi. The predecessor of respondent attorned in his favour and started paying (NEETU NAGAR) JSCC-ASCJ-GJ, South East District, Saket Courts (the then ARC-02, Central District, THC) 12.01.2024 Page no.3 of 38 RC ARC No: 80140/16 Narinder Kumar Gupta Vs. Ram Gopal Sharma rent. Mr. Ram Chander bequeathed the subject property in terms of a registered Will dated 2.12.1977 and the petitioner became the sole and absolute owner of the subject property. Smt. Mansa Devi mother of the respondent used to pay the rent to the petitioner and after her death, the respondent became tenant but did not pay the rent despite repeated requests and demands.

3.2 It is further submitted that respondent is aged about 62 (NEETU NAGAR) JSCC-ASCJ-GJ, South East District, Saket Courts (the then ARC-02, Central District, THC) 12.01.2024 Page no.4 of 38 RC ARC No: 80140/16 Narinder Kumar Gupta Vs. Ram Gopal Sharma years who has undergone heart operations and his wife who is aged about 60 years is also not good in health and suffers from different ailments. His only son who is unmarried has gone to Bombay in search of good employment since the year 2006-07. The respondent with great difficulty and to manage his livelihood is working intermittently as pigmy agent with Syndicate Bank and burdened with a loan amount of Rs. 1,50,000/-.