IN THE HON’BLE HIGH COURT OF DELHI,
AT NEW DELHI
In the matter of:
SH. Petitioner's name..PETITIONER
VERSUS
SH. Respondent's name..RESPONDENT
INDEX
| S.No. | Particulars | Pages | Court Fees |
|---|
| 1. | Urgent petition | | |
| 3. | List of dates and synopsis | | |
| 5. | Revision petition under section 25-B(1) of the DRC Act along with affidavit | | |
| 6. | Application under section 151 C.P.C. for stay, with affidavit | | |
| 7. | Application for exemption from filing certified copies and true typed copies of the annexures, along with affidavit | | |
| 8. | Annexure P-1 — Certified copy of the impugned order dated Date of impugned order | | |
| 9. | Annexure P-2 — Copy of the application for leave to defend dated Date of filing leave to defend application | | |
| 10. | Annexure P-3 — Copy of the reply dated Date of reply to leave to defend application | | |
DELHI.PETITIONER
DATEDTHROUGH
(NAME)
ADVOCATE
IN THE HON’BLE HIGH COURT OF DELHI,
AT NEW DELHI
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
SH. Petitioner's name..PETITIONER
VERSUS
SH. Respondent's name..RESPONDENT
TO
THE DEPUTY REGISTRAR,
HIGH COURT OF DELHI,
NEW DELHI.
SUBJECTURGENT PETITION.
Sir,
It is most respectfully requested that the present petition may kindly be treated as an urgent one, in accordance with the Rules and Orders of this Hon’ble Court, for the following reason:
“Stay of the proceedings is involved.”
DELHI.PETITIONER
DATEDTHROUGH
(NAME)
ADVOCATE
IN THE HON’BLE HIGH COURT OF DELHI,
AT NEW DELHI
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
SH. Petitioner's name..PETITIONER
VERSUS
SH. Respondent's name..RESPONDENT
REVISION PETITION UNDER SECTION 25-B(1) OF THE DRC ACT FOR SETTING ASIDE THE IMPUGNED ORDER DATED Date of impugned order PASSED BY THE HON’BLE COURT OF SH. Trial court judge's name, ADMINISTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI, IN EVICTION PETITION No. E-Eviction petition number/2013, THEREBY DISMISSING THE APPLICATION FOR LEAVE TO DEFEND AND ALLOWING THE EVICTION PETITION OF THE RESPONDENT.
MEMO OF PARTIES
SH. Petitioner's name,
S/O Petitioner's father's name,
R/O H. No. Petitioner's house number,..PETITIONER
VERSUS
SMT. Respondent's name,
W/O SH. Respondent's husband's name,
R/O H. No. Respondent's house number,..RESPONDENT
DELHI.PETITIONER
DATEDTHROUGH
(NAME)
ADVOCATE
LIST OF DATES AND EVENTS
| Date | Event |
|---|
| Date of filing eviction petition | The Respondent filed an eviction petition under section 14(1)(e) read with section 25-B of the DRC Act before the Ld. Trial Court. |
| Date of service of summons | Summons were served upon the Petitioner. |
| Date of filing leave to defend application | The Petitioner filed an application for leave to defend the said eviction petition under section 25-B(4) of the DRC Act before the Ld. Trial Court. |
| Date of reply to leave to defend application | The Respondent filed its reply to the application for leave to defend before the Ld. Trial Court. |
| Date of impugned order | The Ld. Trial Court, vide its order dated Date of impugned order, dismissed the application for leave to defend filed by the Petitioner and allowed the eviction petition of the Respondent filed under section 14(1)(e) read with section 25-B of the DRC Act. |
Hence the present petition.
IN THE HON’BLE HIGH COURT OF DELHI,
AT NEW DELHI
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
SH. Petitioner's name,
S/O Petitioner's father's name,
R/O H. No. Petitioner's house number,..PETITIONER
VERSUS
SMT. Respondent's name,
W/O SH. Respondent's husband's name,
R/O H. No. Respondent's house number..RESPONDENT
REVISION PETITION UNDER SECTION 25-B(1) OF THE DRC ACT FOR SETTING ASIDE THE IMPUGNED ORDER DATED Date of impugned order PASSED BY THE HON’BLE COURT OF SH. Trial court judge's name, ADMINISTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI, IN EVICTION PETITION No. E-Eviction petition number/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 Date of impugned order passed by the Hon’ble Court of SH. Trial court judge's name, Administrative Civil Judge-cum-Additional Rent Controller (Central), Delhi, in Eviction Petition No. Eviction petition number/2013, whereby the application for leave to defend was dismissed and the eviction petition of the Respondent was allowed. The certified copy of the impugned order dated Date of impugned order is annexed herewith as Annexure P-1.
2.That the brief facts of the case are as under:
(i)That the Respondent filed an eviction petition under section 14(1)(e) read with section 25-B of the DRC Act, on the ground of bona fide requirement, before the Ld. Trial Court on Date of filing eviction petition.
(ii)That the summons were served upon the Petitioner on Date of service of summons, and the Petitioner filed an application for leave to defend before the Ld. Trial Court on Date of filing leave to defend application, within the stipulated period, dealing with the contents of the Respondent’s case on merits. The Petitioner also filed a detailed affidavit stating that the Respondent was not entitled to an order of eviction on the ground of bona fide requirement. The copy of the application for leave to defend is annexed herewith as Annexure P-2.
(iii)That the Respondent filed its reply to the application for leave to defend before the Ld. Trial Court on Date of reply to leave to defend application. The copy of the reply to the application for leave to defend is annexed herewith as Annexure P-3.
(iv)That the Ld. Trial Court, vide its order dated Date of impugned order, dismissed the application for leave to defend filed by the Petitioner and allowed the eviction application of the Respondent filed under section 14(1)(e) read with section 25-B of the DRC Act on the ground of bona fide requirement, thereby directing the Petitioner to vacate the suit premises, namely one big hall/room with a kitchen therein and an adjoining room ad-measuring Dimensions of the suit premises contiguous to the said portion, together with the bathroom, situated on the ground floor in property No. Suit premises property number, as shown in red colour in the site plan; however, the said order was directed not to be executable before the expiry of six months from the date of the order.
3.That being aggrieved by the order dated Date of impugned order, the Petitioner has filed the present petition on, amongst others, the following grounds:
GROUNDS:
A.Because the impugned order dated Date of impugned order is liable to be set aside, being contrary to the facts, the record and the circumstances of the case, and being based upon mere conjectures and surmises.
B.Because the facts disclosed by the Respondent are not true; the Respondent has not disclosed the real facts to the Court, and the facts so stated are false and fabricated.
C.That the Ld. Trial Court failed to appreciate that the Petitioner was otherwise entitled to leave to contest the eviction petition, since the Respondent had taken wholly false and frivolous stands in the eviction petition. The Respondent seeks to get the suit premises vacated at the instance of the Petitioner by concocting a false story and, in fact, intends to let out the suit premises at a higher rent.
D.That the Ld. Trial Court failed to appreciate that the alleged requirement, purportedly for the requirement of the family members of the Respondent, is merely fanciful and sham.
E.That the Ld. Trial Court failed to appreciate that the mala fide intention and dishonest design on the part of the Respondent can well be inferred by this Hon’ble Court, as the Respondent has concocted false and frivolous stories. The story now put forth by the Respondent before this Hon’ble Court is wholly false and frivolous, being nothing but a bundle of lies, and as such the eviction petition is liable to be dismissed with special costs.
GROUNDS (contd.)
F.That the Ld. Trial Court failed to appreciate the fact that the Respondent is, in fact, not in need of the suit premises in question and has merely raised a false and frivolous ground.
G.That the Ld. Trial Court failed to appreciate that, even otherwise, the eviction petition is not maintainable, as it does not fulfil the requisite ingredients of the sections invoked in the petition filed by the Respondent; the mandatory requirements of law having been violated, the petition filed by the Respondent deserved to be rejected outright, as is evident from the intention of the Respondent disclosed by the facts stated hereinabove.
H.Because the Ld. Trial Court failed to appreciate that the eviction petition filed by the Respondent is false, frivolous and without any cause of action. In order to obtain favourable orders, the Respondent has twisted and suppressed material facts, and the eviction petition is nothing but a bundle of lies. It is submitted that, as per the judgment of the Hon'ble Supreme Court, wherein liberty for grant of leave to defend in favour of the tenant was recognised, 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, the 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 recovery of possession of 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, such facts are good enough to grant leave to defend (para 11).
A landlord who bonafide requires a premises for his residence and occupation should not suffer by waiting long for eviction of a tenant. At the same time, a tenant cannot be thrown out of a premises summarily, even though prima facie he is able to say that the claim of the landlord is not bonafide or is untenable and, as such, the landlord is 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 broad scheme of Chapter III-A and, in particular, having regard to the clear terms and language of section 25-B(5) (para 12).
Thus, the combined effect of sections 25-B(6), (7) and (8) would lead to expeditious disposal of the eviction petition, so that a landlord need not wait and suffer for a long time. On the other hand, when a tenant is denied leave to defend although he had a fair chance to prove his defence, he will suffer great hardship. In this view, a balanced view is to be taken, having regard to the competing claims (para 13).
I.Because the Ld. Trial Court failed to appreciate that, in order to succeed in such a petition, the landlord has to prove (1) ownership of the suit premises, (2) purpose of letting out, (3) alternative accommodation, and (4) bonafide requirement. It is, therefore, well settled and accepted in law that no one shall be subjected to civil consequences such as eviction from a premises, resulting in hardship, without being provided an adequate and effective opportunity to disprove the case against him and to establish his case as pleaded.
As is evident from section 25-B(4) & (5) of the Act, the 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 recovery of possession of 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, such facts are good enough to grant leave to defend.
J.Because the Ld. Trial Court failed to appreciate that, in terms of the petition under section 14(1)(e) r/w section 25-B of the DRC Act, the application for leave to defend along with the affidavit, and the rejoinder, had already been filed on behalf of the Respondent, and, on the other hand, the reply on behalf of the Petitioner to the application for leave to defend and the rejoinder was also filed before this Hon'ble Court, and the same is on record. It is further submitted that the case of the Respondent is totally baseless and has been filed on the basis of a concocted story. Before passing any order on the application for leave to defend under the Delhi Rent Control Act, bonafide requirement being a question of fact, if the Hon'ble Court has not applied the statutory provisions to the evidence on record in its proper perspective, the finding regarding bonafide requirement would cease to be a 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 principles of natural justice, equity and balance of convenience are in favour of the Petitioner.
6.That the Petitioner has not filed any other or similar petition before this Hon'ble Court or any other court, except the present one.
7.That the present petition is filed within limitation.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
a.Set aside the impugned order dated Date of impugned order passed by the Hon'ble Court of Trial court name in Eviction Petition No. E-Eviction petition number/Eviction petition year on the ground of bonafide requirement.
b.Call for the records of the Ld. Trial Court of the above-noted case and examine the legality of the impugned order dated Date of impugned order, and grant the Petitioner reasonable time of not less than Reasonable time granted to vacate to shift his residence from the suit premises in the event of eviction.
c.Pass any other or further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, in favour of the Petitioner and against the Respondent.
DELHI.PETITIONER
DATED:THROUGH
Petitioner's name
(NAME)
ADVOCATE
IN THE HON'BLE HIGH COURT OF DELHI
AT NEW DELHI
R.C. REVISION NO. Revision petition number OF Revision petition year
---
In the matter of:
SH. Petitioner's name.. PETITIONER
VERSUS
SH. Respondent's name.. RESPONDENT
AFFIDAVIT
I, Deponent's name, S/O Late Sh. Deponent's father's name, aged about Deponent's age years, resident of H. No. Deponent's house number, 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 am also competent to file the present affidavit.
2.That the contents of the accompanying petition have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and understood by me in my vernacular; after fully understanding the contents thereof, I state that the facts stated therein are true and correct to the best of my knowledge. The contents of the said petition may kindly be read as part and parcel of this affidavit, as the contents thereof have not been repeated herein for the sake of brevity.
3.That no other similar petition seeking the prayers made in the accompanying petition has been filed before the Hon'ble High Court or the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification (day) day of Month and year of verification that the contents of my above affidavit are true and correct to my 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. C.M. application number/2014
IN
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
Petitioner's name..PETITIONER
VERSUS
Respondent's name..RESPONDENT
APPLICATION UNDER SECTION 151 OF CPC FOR AD-INTERIM EX-PARTE STAY OF THE IMPUGNED ORDER DATED 18.10.2014 PASSED BY THE LEARNED ADMINISTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER (CENTRAL), DELHI IN EVICTION PETITION No. E-Eviction petition number/2013
MOST RESPECTFULLY SHOWETH:
1.That the present petition has been filed against the impugned order dated 18.10.2014, passed by the Hon'ble Court of the learned Administrative Civil Judge-cum-Additional Rent Controller (Central), Delhi, in Eviction Petition No. E-Eviction petition number/2013, whereby the application for leave to defend was dismissed and the eviction petition filed by the respondent was allowed.
2.That the petitioner craves leave of this Hon'ble Court to refer to and peruse the grounds of the petition, which are not repeated herein for the sake of brevity.
3.That the applicant/petitioner has a good prima facie case, and the balance of convenience also lies 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 be compensated in terms of money.
PRAYER
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, staying the operation of the impugned order dated 18.10.2014, passed by the Hon'ble Court of the learned Administrative Civil Judge-cum-Additional Rent Controller (Central), Delhi, in Eviction Petition No. E-Eviction petition number/2013, till the final disposal of the present petition.
DELHI.PETITIONER
DATEDTHROUGH
(NAME)
ADVOCATE
IN THE HON'BLE HIGH COURT OF DELHI, AT NEW DELHI
C.M. No. C.M. application number/2014
IN
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
Petitioner's name..PETITIONER
VERSUS
Respondent's name..RESPONDENT
AFFIDAVIT
I, Deponent's name, son of late Sh. Deponent's father's name, aged about Deponent's age years, resident of H. No. Deponent's house number, do hereby solemnly affirm and declare as under:
1.That I am the petitioner in the abovesaid matter; I am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 of the CPC for stay have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and understood by me in my vernacular, and having fully understood the same, I state that the facts stated therein are true and correct to the best of my knowledge. The contents of the said application may kindly be read as part and parcel of this affidavit, as they are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification (day) day of November, 2014, that the contents of the above affidavit are true and correct to my 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. C.M. application number OF 2014
IN
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
Petitioner's name..PETITIONER
VERSUS
Respondent's name..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 has been filed against the impugned order dated 18.10.2014, passed by the Hon'ble Court of the learned Administrative Civil Judge-cum-Additional Rent Controller (Central), Delhi, in Eviction Petition No. E-Eviction petition number/2013, whereby the application for leave to defend was dismissed and the eviction petition filed by the respondent was allowed.
2.That the petitioner craves leave of this Hon'ble Court to refer to and peruse the grounds of the petition, which are not repeated herein for the sake of brevity.
3.That the petitioner has applied for a certified copy of the aforesaid annexure and is unable to file the same at this stage. The petitioner undertakes to file the same before this Hon'ble Court upon its receipt.
It is, therefore, most humbly and respectfully prayed that the filing of the certified copy of the aforesaid annexures and of its true typed copy may kindly be exempted, in the interest of justice.
DELHI.PETITIONER
DATEDTHROUGH
(NAME)
ADVOCATE
IN THE HON'BLE HIGH COURT OF DELHI, AT NEW DELHI
C.M. No. C.M. application number/2014
IN
R.C. REVISION NO. Revision petition number OF 2014
In the matter of:
Petitioner's name..PETITIONER
VERSUS
Respondent's name..RESPONDENT
AFFIDAVIT
I, Deponent's name, son of late Sh. Deponent's father's name, aged about Deponent's age years, resident of H. No. Deponent's house number, do hereby solemnly affirm and declare as under:
1.That I am the petitioner in the abovesaid matter; I am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 of the CPC have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and understood by me in my vernacular, and having fully understood the same, I state that the facts stated therein are true and correct to the best of my knowledge. The contents of the said application may kindly be read as part and parcel of this affidavit, as they are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification (day) day of November, 2014, that the contents of the above affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed therefrom.
DEPONENT