M/S MAHALAXMI HARDWARE vs SMT NEETU GUPTA

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th April, 2025 + CM(M) 642/2025 & CM APPL. 20312-20313/2025 M/S MAHALAXMI HARDWARE .....Petitioner Through: Mr. Sumit Thakur and Mr. Mandeep Singh, Advocates. versus SMT NEETU GUPTA .....Respondent Through: Mr. Manish Kaushik, Mr. Mainak Sarkar and Mr. Yashpriya Saharan, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending an eviction petition which has been filed on the ground of bona fide requirement under Section 14(1)(e) of Delhi Rent Control Act, 1958. 2. As per learned counsel for respondent, who appears on advance notice, the case is fixed for final arguments before the learned Controller tomorrow itself whereas according to petitioner, it is at the stage of RE. 3. The grievance of the petitioner in the present petition is with respect to dismissal of its application moved under Section 151 CPC. 4. The petitioner is, admittedly, a tenant of a ground floor shop situated at A-6, Kamla Nagar, Delhi-110007. 5. According to petitioner/tenant, it has learnt that the landlord has Signature Not Verified Digitally Signed CM(M) 642/2025 1 By:SONIA THAPLIYAL Signing Date:08.04.2025 16:26:37 already got a building plan sanctioned in respect of said tenanted shop and full-fledged construction is going on in the building in question, which itself goes on to indicate that the requirement of the landlady is not a bona fide one. Accordingly, petitioner/tenant moved an application before the learned Rent Controller seeking permission to place on record such subsequent events, which are stated to be as under:- “i) The petitioner has obtained sanction for constructing Basement Floor, Stilt Floor, Ground Floor, Mezzanine Floor, First Floor, Second Floor and Third Floor in