Anup Kumar Verma v. P C Gupta
Case brief
What is this about?
Tenant's appeal against dismissal of leave to defend requested. Bench found triable issues existed regarding landlord's parking needs. Impugned order set aside and leave to defend granted.
What did the court decide?
Impugned order setting aside leave to defend granted; written statement to be filed.
What the court decided
A compact analysis
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 617/2015 & C.M. No.28399/2015 ANUP KUMAR VERMA
..... Petitioner Through Petitioner with his counsel Mr. Ankur Garg, Mr. Saugata Ganguly, Mr. Rohit Goyal and Mr. Rukban yagi, Advs. versus P C GUPTA ..... Respondent Through Mr. R.S. Kela, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR O R D E R % 11.02.2016
P C GUPTA
The tenant before this Court has assailed the order dated 01.08.2015 vide which his application seeking leave to defend had been dismissed. Submission being that a triable issue had arisen and the parking space which is the alleged bonafide need of the landlord is clearly not made out.
Arguments have been heard.
The eviction petition in terms of para 18 (a) has sought eviction of the suit shop measuring 10’ X 12’ feet for the purpose of parking space which the petitioner requires for himself; submission is that that he and his wife are retired Government servants and they have no parking space and this shop being at the ground floor level and the residence of the landlord also being in a busy commercial area, the vacation of this shop would be necessary in order that the petitioner can use it for the parking of his vehicle which is a Zen car. Vehement
submission of the learned counsel for the landlord is that the impugned order calls for no interference.
Issues for consideration
2 issues framed by the court
Whether to grant leave to defend the eviction petition for refusal of lease renewal.
Whether the landlord has established a bona fide need for the premises for parking.
Parties & counsel
- petitioner
ANUP KUMAR VERMA
- respondent
P C GUPTA
Coram
INDERMEET KAUR
Case details
As recorded by the court registry
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