M/S A M Electricals vs Chandra Kanta Agarwal
2017 Latest Caselaw 5674 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Pronounced on: 12.10.2017

+
+      RC.REV. 459/2016 & CM Nos.35173-35174/2016
       M/s A M ELECTRICALS                      ..... Petitioner
                     Through   Mr.G.P.Thareja, Mr.Satyam Thareja,
                     Ms.Shradha Karol, and Mr. Mishal Johri,
                     Advocates

                   versus

       CHANDRA KANTA AGARWAL                  ..... Respondent
                   Through   Mr.Sudhanshu Batra, Senior Advocate
                   with Mr.Subhash Mishra and Mr.Shashwat
                   V.Dubey,Advocates
                   .

       CORAM:
       HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.

1. This revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'DRC Act') seeking to impugn the eviction order dated 5.5.2016 passed by the Additional Rent Controller (hereinafter referred to as 'the ARC'). Respondent/landlord had filed an eviction petition under section 14(1)(e) of the DRC Act for property being Shop No. 1869, Mahalaxmi Market, Chandni Chowk, Delhi, having basement and mezzanine portions. The tenancy is said to have been created vide Lease deed dated 11.2.1992. The present rate of rent is Rs.235.80 per month. The respondent is the owner and landlady.

2. The facts and issues raised in the present petition are identical to the facts and issues in RC.REV. 456/2016 titled as Kamlesh Kumar Jain vs. Chandra Kanta Agarwal. The said RC.REV. 456/2016 pertains to a property bearing no. 1872/P, Mahalaxmi Market, Chandni Chowk, Delhi which is adjacent to the property in question in the present petition. Both the petitions have a common respondent. The contentions raised by the petitioner are also virtually identical to the above noted Revision Petition.

3. By order passed today the said Revision Petition has been dismissed. For the same reasons and grounds, this petition is also dismissed.

All pending applications also stand dismissed.

(JAYANT NATH) JUDGE

OCTOBER 12, 2017 n