Kamla Sharma vs Pawan Kumar Gupta
2018 Latest Caselaw 5186 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment Pronounced on: 29.08.2018

+      RC REV.153/2016

       KAMLA SHARMA                                        ...Petitioner
                          Through             Mr.Ajay Kumar, Adv.

                          Versus

       PAWAN KUMAR GUPTA                                   ...Respondent
                          Through      Mr.Manish Kumar and Mr.Ashwani
                                       Kumar, Advs.


       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) against the order dated 15.7.2015 passed by the Additional Rent Controller (hereinafter referred to as the ARC) allowing the application for leave to defend filed by the respondent/tenant.

2. The Eviction Petition was filed by the petitioner for eviction of the tenanted premises i.e. one room/godown on the ground floor of property No. 116-A, Kamla Nagar, Delhi-110007.

3. The petitioner has filed three separate eviction petitions against three separate tenants occupying separate rooms in the same property. The Eviction Petition is based on common questions of fact and law. A perusal of

the impugned order of the ARC would show that the facts and reasons for allowing the present judgment are virtually identical in all the three orders.

4. In a connected matter having identical facts and issues I have today in RC.Rev.50/2016 allowed the petition. For the same reasons and on the same grounds I allow the present petition also. An eviction order is passed in favour of the petitioner. However, the order shall not be in terms of section 15(7) of the DRC Act and would be executed only after six months from today.

5. Petition stands disposed of. All pending applications, if any, also stand disposed of.

(JAYANT NATH) JUDGE

AUGUST 29, 2018/n