High Court Delhi dismissed a revision petition challenging an eviction order. The court held that upper floors of properties were unsuitable for a homeopathic clinic, repelling the tenant's claim of alternative accommodation.
Impugned eviction order dismissed. Revision petition dismissed. No error or infirmity found in the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on :- 5th April, 2018
SUMER SINGH & ANR. ..... Petitioners Through: Mr. Rajat Aneja, Mr. Deepak & Ms. Chandrika Gupta, Advs.
versus
SUNDER LAL GUPTA & ANR. ..... Respondents Through: Ms. Nishtha Garg, Adv.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
RC Rev. 107/2016
Page 1 of 4
leading to the degree of Bachelor in Homeopathic Medicine and Surgery (BHMS) by February, 2015, the plea also being that, for such purposes, the respondents (landlords) do not have any suitable alternative accommodation. The petitioners (tenants), upon being summoned under Section 25 B of Delhi Rent Control Act, 1958 filed an application for leave to defend, the prime contention being that sufficient accommodation is available but the utilization thereof had not been properly explained. The Additional Rent Controller considered the said application but dismissed it by order dated 29.10.2015 consequently granting an order of eviction in favour of the respondents. It is the said order, the correctness, legality and propriety whereof is challenged by the petition at hand.
RC Rev. 107/2016
Page 2 of 4
RC Rev. 107/2016
Page 3 of 4
floor accommodation in either of the two properties is the alternative accommodation available for purposes of Ms. Bharti Gupta.
R.K.GAUBA, J.
APRIL 05, 2018 nk
RC Rev. 107/2016
Page 4 of 4
1 issue framed by the court
Whether the impugned eviction order suffers from any error or infirmity regarding the allegation of unsuitability of alternative accommodation for a homeopathic clinic.
2 provisions across 1 enactments
Sumer Singh
Sunder Lal Gupta
R.K.GAUBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
