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by Admin
07 May 2024 2:49 AM
In a significant ruling, the High Court of Delhi has upheld an eviction order passed under Section 14(1)(e) of the Delhi Rent Control Act, dismissing the revision petition filed by Kamal Kumar Bahari against the deceased Moti Lal Jain's legal representatives.
Key Details:
In the case (RC.REV. 290/2023), Mr. Kamal Kumar Bahari, represented by advocates Mr. Pankaj Vivek and Mr. Harshit Chopra, challenged the eviction order pertaining to a hall located on the second floor of property No. G-I/2, Lawrence Road Industrial Area, Delhi. The respondents were represented by Mr. Anuj Jain.
Observations by Hon'ble Mr. Justice Girish Kathpalia:
Justice Kathpalia noted, "In such a case, if leave to contest is granted, pushing the parties to undergo churning and rigmaroles of full dress trial, which can go on for years, would be a travesty of justice and would militate against the basic principles underlying Chapter III of the Delhi Rent Control Act for summary proceedings." This observation was pivotal in the dismissal of the revision petition.
Background of the Case:
The original eviction petition was filed by Mr. Moti Lal Jain, citing the need for the property for his business. Mr. Bahari contested, claiming ownership of the premises through a purchase from the previous owner, Mr. Om Prakash Sachdeva. The Rent Controller dismissed the tenant's application for leave to contest, leading to the current revision petition.
Court's Ruling:
The court emphasized that the tenant failed to provide substantial evidence of his claim of ownership. In contrast, the respondents had established a better title over the premises through comprehensive documents, including a Lease Deed, Agreement to Sell, and a Will. The court also dismissed the petitioner's argument regarding the stamping of documents, referring to a Supreme Court ruling stating non-stamping or inadequate stamping as a curable defect.
Date of Decision: 01.02.2024
KAMAL KUMAR BAHARI VS MOTI LAL JAIN
