In the matter of:**

SH. ………………… ..PETITIONER

SH. ………………… ..RESPONDENT

INDEX

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1.                             Urgent petition                                                                 
   

2.                           Memo of parties                                                                
   

3.                      List of dates and synopsis                                            
   

4.                           Opening Sheet
   

5.           Revision petition under section
   

      25-B(1) of DRC Act alongwith

      affidavit

1.               Application u/s 151 C.P.C.  for stay
   

      with affidavit.

1.                Application for exemption for
   

      filing the certified copies and

      true typed copy of Annexures

      alongwith affidavit

7. Annexure P-1

      Certified copy of the impugned order

      dated 18.10.2014

1.          **Annexure P-2**.
   

      Copy of the application for leave to

   Defend dated 10.8.2011

1.         **Annexure P-3**.
   

      Copy of the reply dated 7.12.2011

11. Vakalatnama.

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

IN THE HON’BLE HIGH COURT OF DELHI,

AT NEW DELHI

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. …………… ..PETITIONER

SH. …………… ..RESPONDENT

TO

THE DEPUTY REGISTRAR,

HIGH COURT OF DELHI,

NEW DELHI.

SUBJECT : URGENT PETITION.

Sir,

Kindly treat the present petition as an urgent one in accordance with the High Court Rules and orders for the following reasons:

“Stay of the proceedings is involved”

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

IN THE HON’BLE HIGH COURT OF DELHI,

AT NEW DELHI

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. …………………. ..PETITIONER

SH. ………………... ..RESPONDENT

REVISION PETITION UNDER SECTION 25-B (1) OF DRC ACT FOR SETTING ASIDE THE IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013 THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION OF THE RESPONDENT.

SH. …………….,

S/O …………….,

R/O H. No. ……, ..PETITIONER

SMT. …………………..,

W/O SH. ………………,

R/O H. No. ……………, ..RESPONDENT

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

  

LIST OF DATES AND EVENTS

      The Respondent filed a petition 14 (1) (e) R/w sec. 25-B of DRC Act before the Ld. Trial Court.

      The Petitioner filed a leave to defend application on _____to the petition of the Respondent under section 14 (1) (e) read with section 25-B (4) of DRC Act before the Ld. Trial Court.

      The Respondent filed the reply to the leave to defend application before the Ld. Trial Court on _____.

18.10.2014That Ld. Trial Court vide its order dated 18.10.2014 thereby dismissing the application for leave to defend filed by the Petitioner and allowing the eviction application of the respondent filed under section 14 (1) (e) R/w sec. 25-B of DRC Act.

      Hence this petition.

IN THE HON’BLE HIGH COURT OF DELHI,

AT NEW DELHI

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. ……………….,

S/O ……………….,

R/O H. No…………, ..PETITIONER

SMT. ……………..,

W/O SH. ………….,

R/O H. No………… ..RESPONDENT

REVISION PETITION UNDER SECTION 25-B (1) OF DRC ACT FOR SETTING ASIDE THE IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013 THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION OF THE RESPONDENT.

To,

      The Hon’ble Chief Justice

and his Companion Judges of

this Hon’ble Court

MOST RESPECTFULLY SHOWETH:

1.            That the petitioner  by way of the present petition seeks to challenge  the IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.XXXX/2013 THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION  OF THE RESPONDENT.    The Certified copy of the impugned order dated 18.10.2014 is annexed herewith as **Annexure P-1**.
   

2.            That the brief facts of the case are  as under:-
   

(i) The Respondent filed a petition 14 (1) (e) R/w sec. 25-B of DRC Act for on the ground of bonafide requirement before the Ld. Trial Court on _______.

(ii) The Petitioner filed a leave to defend application on dated _______. It is submitted that the summon were served on the Petitioner on _______and leave to defend application is filing before the Ld. Trial Court for contents of the case of merits and the application for leave to defend filed by the Petitioner is within the stipulated period and the Petitioner also filed the detailed affidavit stated in disentitled the Respondent from getting an order of eviction on the ground of bonafide requirement. Copy of the application for leave to defend is annexed herewith as Annexure P-2

(iii) The Respondent filed the reply to the leave to defend application before the Ld. Trial Court on _______. Copy of the reply to leave to defend application is annexed herewith as Annexure P-3

(iv) That Ld. Trial Court vide its order dated 18.10.2014 thereby dismissing the application for leave to defend filed by the Petitioner and allowing the eviction application of the respondent filed under section 14 (1) (e) R/w sec. 25-B of DRC Act on the ground of bonafide requirement thereby directing the Petitioner to evict the premises i.e. one big hall/room with kitchen therein and adjoining room ad-measuring 10’ X 9’ just continuous to the said portion and bathroom, situated on the ground floor in property No. ……………………………………….., as shown in red colour in site plan and this order shall not be executable before expiry of six months from the date of order.

1. That being aggrieved from the order dated 18.10.2014, Petitioner filed the present petition on the following amongst other grounds:

GROUNDS:

A. Because the impugned order dated 18.10.2014 is liable to be set aside as the same is against facts, records and circumstances of the case. The impugned order is based upon conjectures and Surmises.

B. Because the facts disclosed by the respondent is not true and she has not disclosed the real facts to the court and the same are false and fabricated.

C. That the Ld. Trial Court failed to appreciate the fact that the Petitioner is otherwise entitled to leave to contest the eviction petition since the Respondent has altogether taken false and frivolous stands in the eviction petition. The Respondent wants to get the suit premises vacated from the Petitioners by concocting false story and infact, wants to let out the suit premises in question at higher rent.

D. That the Ld. Trial Court failed to appreciate the fact that the alleged requirement purported to the for requirement of the family members of the Respondent are merely fanciful and shame.

E. That the Ld. Trial Court failed to appreciate the fact that the malafide intention and dishonest designs committed on the part of the Respondent can very well be inferred by this Hon'ble Court as the Respondent has concocted false and frivolous stories. The story thus now being put forth by the Respondent before this Hon'ble Court, is altogether false and frivolous and is nothing but all bundles of lies and as such, the petition is liable to be dismissed with special cost.

F. That the Ld. Trial Court failed to appreciate the fact that the Respondent infact, is not need of the suit premises in question and has only made a false and frivolous ground.

G. That the Ld. Trial Court failed to appreciate the fact that even otherwise the petition is not maintainable as the same does not fulfill the requisite ingredients of the sections mentioned in the petition by the Respondent and since the mandatory requirement of law have been violated and as such, the petition filed by the Respondent deserved to be rejected outrightly. As the intention of the Respondent have already become from the facts mentioned hereinabove.

H. Because the Ld. Trial Court failed to appreciate the fact that the eviction petition filed by the Respondent is false, frivolous and without any cause of action. The Respondent in order to obtain favourable orders from this Hon'ble Court have twisted and suppressed the material facts and the eviction petition is nothing but a bundle of lies. It is submitted that as per the various judgment of the Hon'ble Supreme Court in which the Hon'ble Supreme Court has granted liberty for leave to defend in favour of the Petitioner vide 2000 IX (SC) 537 in civil appeal No. 7358/2000 “Inderjeet Kaur Vs. Nirpal Singh”

“Delhi Rent Control Act, 1958- Sec. 14(1) (e) r/w 25-B bonafide requirement correctness of documents required to be examined purpose of letting, residential or commercial or dual, also to be seen members of family of landlord whether settled abroad also disputed leave ought to have been granted.

And

Delhi Rent Control Act, 1958- Sec. 14(1) (e) r/w. 25-B bonafide requirement leave to defend principles for grant of, recapitulated balanced approach to be maintained.

As is evident from section 25-B(4) & (5) of the Act, burden placed on a tenant is light and limited in that if the affidavit filed by him discloses such facts as would disentitle the landlord from obtaining an order for the recovery of the possession or the premises on the ground specified in clause (e) of the proviso to section 14(1) of the Act with which we are concerned in this case, are good enough to grant leave to defend (para 11)

A landlord, who bonafidely requires a premises for his residence and occupation should not suffer for long waiting for eviction of a tenant. At the same time, a tenant can not be thrown out from a premises summarily even though prima facie he is able to say that the claim of the landlord is not bonafide or untenable and as such not entitled to obtain an order of eviction. Hence the approach has to be cautious and judicious in granting or refusing leave to defend to a tenant to contest an eviction petition within the board scheme of chapter IIIA and in particular having regard to the clear terms and language of section 25B(5) (Para 12)

Thus a combined effect of section 25B(6), (7) and (8) would lead to expeditious disposal of eviction petition so that a landlord need not wait and suffer for long time. On the other land, when a tenant is denied leave took defend although he had fair chance to prove his defence, will suffer great hardship. In this view a balanced view is to be taken having regard to competing claims (para 13).

I. Because the Ld. Trial Court failed to appreciate in order to succeed in such type of petition, Petitioner have to prove 91) ownership of the suit premises (2) purpose of letting out (3) alternative accommodation and (4) bonafide requirement. So, therefore, it is well settled and accepted possession in law that no one shall be subjected to suffer a civil consequences like eviction from a premises resulting in hardship to him without providing adequate and effective opportunity to disprove the case against him and establish his case as pleaded.

As is evident from section 25B(4) & (5) of the Act, burden placed on a tenant is light and limited in that if the affidavit filed by him discloses such facts as would disentitle the landlord from obtaining an order for the recovery of the possession of the premises on the ground specified in clause (e) of the proviso so section 14(1) of the Act, with which we are concerned in this case, are good enough to grant leave to defend.

J. Because the Ld. Trial Court failed to appreciate that in terms of the petition u/s. 14 (1) (e) r/w. sec. 25-B of DRC Act, leave to defend application along with affidavit on behalf of the Respondent and rejoinder had already been filed by the Respondent and on the other hand reply on behalf of the Petitioner on the application of the Respondent for leave to defend and rejoinder was also been filed before this Hon'ble Court and the same is on record. It is further submitted on behalf of the Respondent that the case of the Petitioner is totally baseless and filed on the basis of concocted story before passing any order on the application of the Defendant on leave to defend, Delhi Rent Control Act, bonafide requirement whether a question of fact that the Hon'ble Court has not applied the statutory provision to the evidence on record filed by the Petitioner till its proper perspective then the finding regarding bonafide requirement would seized to be mere finding of fact.

K Because the impugned order is liable to be set aside on the ground that the Ld. Trial Court has relied upon extraneous reasons not forming part of the record of the case.

L. Because the principle of natural justice, equity and balance of convenience is in favour of the petitioner.

1.  That the petitioner  has not filed any other or similar petition before this Hon'ble Court  or any other court except  the present one.
   

2.  That  the present petition is filed within limitation
   

      It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:

a. Set-aside the IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013 on the ground of bonafide requirement.

b. Call the records of the Ld. Trial Court of the above noted case and examine the legality of the impugned order dated 18.10.2014 and give reasonable time to the Petitioner for other accommodation not less then 2 yrs. to shift his residence from the suit premises on the event of eviction.

c. Any other or further order which this Hon'ble Court deem fit and proper under the circumstances of the case in favour of the petitioner and against the respondent.

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

IN THE HON’BLE HIGH COURT OF DELHI,

AT NEW DELHI

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. ………………, ..PETITIONER

SH…………………, ..RESPONDENT

I, …………….. S/O LATE SH. …………….., AGED ABOUT ___ YEARS R/O H. No. ……………….., do hereby solemnly affirm and declare as under:

1.     That I am the petitioner  in the abovesaid matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.
   

2.     That  contents of the accompanying petition has been drafted by my counsel as per my instruction and the contents of the same have been duly read over and understood by me in my vernacular and after fully understanding the contents of the same, I  state that the facts stated therein are all true and correct to best of my knowledge. The contents of said petition may kindly be read as part and parcel of this affidavit also as the contents of the same have not been repeated herein for the sake of brevity.
   

3.  That no other similar petition seeking the prayer in the accompanying petition has been filed in the Hon’ble High  Court  or in the Hon’ble Supreme Court of  India.
   

      DEPONENT

VERIFICATION

      Verified at Delhi on this __day of November, 2023 that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed therefrom.

      DEPONENT

IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

C.M. No. _____/2014

IN

R.C. REVISION NO. ________ OF 2014

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In the matter of:

SH. ………………….., ..PETITIONER

SH…………………, ..RESPONDENT

APPLICATION UNDER SECTION 151 OF CPC FOR AD-INTERIM EX-PARTE STAY OF THE IMPUGNED ORDER DATED 18.10.2014 PASSED BY SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013

MOST RESPECTFULLY SHOWETH:

1.            That the present petition is filed against the IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013 THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION  OF THE RESPONDENT. 
   

2.            That the petitioner craves leave of this Hon'ble Court   to peruse the grounds of the petition, as the same are not repeated here for the sake of brevity.
   

3.            That the applicant/petitioner   has good prime facie case and the balance of convenience  is also  in favour of the applicant.
   

4.            That in case  the impugned order dated 18.10.2014 is not stayed  by this Hon'ble Court, the applicant shall  suffer irreparable loss and injury  which cannot compensated  in terms  of money.
   

      It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to pass an ex-parte ad-interim order in favour of the Petitioner and against the respondent thereby staying the operation of the IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2014 till the final disposal of the present petition.

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

  

IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

C.M. No. _____/2014

IN

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. ………………., ..PETITIONER

SH. ………………, ...RESPONDENT

I, ………… S/O LATE SH. ……………….., AGED ABOUT ___ YEARS R/O H. No. …………………, do hereby solemnly affirm and declare as under:

1. That I am the petitioner  in the abovesaid matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.
   

2.  That contents of accompanying application u/s 151 of CPC for stay has been drafted by my counsel as per my instruction and the contents of the same have been duly read over and understood by me in my vernacular and after fully understanding the contents of same, I hereby state that the facts stated therein are all true and correct to the best of my knowledge. The contents of said application may kindly be read as part and parcel of this affidavit also as the contents of the same have not been repeated herein for the sake of brevity.
   

      DEPONENT

VERIFICATION

      Verified at Delhi on this ___day of November, 2014 that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed therefrom.

      DEPONENT

  

IN THE HON’BLE HIGH COURT OF DELHI,

AT NEW DELHI

C.M. No. _____ OF 2014

IN

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. …………….., ..PETITIONER

SH. …………….., ..RESPONDENT

APPLICATION UNDER SECTION 151 OF CPC. FOR EXEMPTION FROM FILING CERTIFIED COPY OF ANNEXURES AND TRUE TYPED COPY OF ANNEXURES

MOST RESPECTFULLY SHOWETH:

1.         That the present petition is filed against the IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE HON’BLE COURT OF SH. SANDEEP GARG, ADMINSTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No.E-XXXX/2013 THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION  OF THE RESPONDENT. 
   

2.         That the petitioner craves leave of this Hon'ble Court   to peruse the grounds of the petition, as the same are not repeated here for the sake of brevity.
   

3.         That the petitioner applied for certified copy of the aforesaid annexure and is unable to submit at this stage. The Petitioner undertakes to submit the same before this Hon’ble Court after its receipt. 
   

      It is, therefore, most humbly and respectfully prayed that filing of certified copy of the aforesaid annexures and its true typed copy may kindly be exempted, in the interest of justice.

DELHI. PETITIONER

DATED THROUGH

      (NAME)

ADVOCATE

  

IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

C.M. No. _____/2014

IN

R.C. REVISION NO. __________ OF 2014

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In the matter of:

SH. …………….., ..PETITIONER

SH. ……………., ..RESPONDENT

I,…………….. S/O LATE SH. ……………….., AGED ABOUT ___ YEARS R/O H. No ……………………………………………….., do hereby solemnly affirm and declare as under:

1. That I am the petitioner  in the abovesaid matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.
   

2.  That contents of accompanying application u/s 151 of CPC has been drafted by my counsel as per my instruction and the contents of the same have been duly read over and understood by me in my vernacular and after fully understanding the contents of same, I hereby state that the facts stated therein are all true and correct to the best of my knowledge. The contents of said application may kindly be read as part and parcel of this affidavit also as the contents of the same have not been repeated herein for the sake of brevity.
   

      DEPONENT

VERIFICATION

      Verified at Delhi on this ___day of November, 2014 that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed therefrom.

      DEPONENT