NARBADA DEVI vs KULDEEP KUMAR JAIN

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 03rd April 2025 + RC.REV. 120/2025 & CM APPL. 19475/2025, CM APPL. 19476/2025 NARBADA DEVI .....Petitioner Through: Mr. Pradeep Kumar Arya, Mr.Gaurav Chaudhary, Mr. Rishabh Malhotra, and Mr. Rishabh, Advocates. versus KULDEEP KUMAR JAIN .....Respondent Through: Mr. Shiv Charan Garg, Advocate. HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. By way of the present petition filed under section 25-B(8) of the Delhi Rent Control Act, 1958 („DRC Act‟), the petitioners/tenants seeks setting-aside of judgment dated 03.07.2024 passed by the SCJ- cum-RC, Tis Hazari Courts, Delhi, whereby an eviction order has been passed in favour of the respondent/landlord in respect of shop No.4281, Main Bazar, Paharganj, Delhi; the petitioners also impugn order dated 01.03.2025 dismissing the review application filed against judgment dated 03.07.2024. For clarity, it may be recorded that the original tenant/Narbada Devi having deceased, the present petition was filed by her legal representatives, namely her two sons. 2. Mr. Pradeep Kumar Arya, learned counsel for the petitioners submits, that the respondent had deliberately concealed the availability of Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:05.04.2025 16:23:12 RC.REV. 120/2025 Page 1 of 9 suitable, alternate accommodations with him, viz. No. 4279-4283, Main Bazar Paharganj, New Delhi and No. 32, Main Bazar, Paharganj, New Delhi, on which ground alone the eviction petition was liable to be dismissed. 3. Mr. Arya draws attention of this court to written statement dated 13.05.2019 filed by the petitioners, in which this fact was specifically pleaded; and submits, that while passing the impugned judgment the learned Rent Contro