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In the matter of:
SH.
………………… ..PETITIONER
VERSUS
SH. ………………… ..RESPONDENT
--------------------------------------------------------------------------
S.No. Particulars
pages court fees
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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
5. Application
u/s 151 C.P.C. for stay
with affidavit.
6. 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
8. Annexure P-2.
Copy of the application for leave to
Defend dated
10.8.2011
9. Annexure
P-3.
Copy of the reply dated 7.12.2011
11. Vakalatnama.
DATED THROUGH
(NAME)
ADVOCATE
In the matter of:
SH.
…………… ..PETITIONER
VERSUS
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”
DATED THROUGH
(NAME)
ADVOCATE
In the matter of:
SH.
…………………. ..PETITIONER
VERSUS
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.
MEMO
OF PARTIES
SH. …………….,
S/O …………….,
R/O H. No. ……, ..PETITIONER
VERSUS
SMT. …………………..,
W/O SH. ………………,
R/O H. No. ……………, ..RESPONDENT
DATED THROUGH
(NAME)
ADVOCATE
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 matter of:
SH. ……………….,
S/O ……………….,
R/O H. No…………, ..PETITIONER
VERSUS
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.
3. 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
“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.
6. That the petitioner has not filed any other or similar petition
before this
7. That
the present petition is filed within limitation
PRAYER
It
is, therefore, most respectfully prayed that
this
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
DATED THROUGH
(NAME)
ADVOCATE
In the matter of:
SH.
………………, ..PETITIONER
VERSUS
SH…………………, ..RESPONDENT
AFFIDAVIT
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
In the matter of:
SH.
………………….., ..PETITIONER
VERSUS
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
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
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 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.
DATED THROUGH
(NAME)
ADVOCATE
IN
In the matter of:
SH.
………………., ..PETITIONER
VERSUS
SH. ………………, ...RESPONDENT
AFFIDAVIT
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
DEPONENT
In the matter of:
SH.
…………….., ..PETITIONER
VERSUS
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
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
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.
DATED THROUGH
(NAME)
ADVOCATE
IN
In the matter of:
SH.
…………….., ..PETITIONER
VERSUS
SH. ……………., ..RESPONDENT
AFFIDAVIT
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
DEPONENT
