AVTAR SINGH vs ANOOP KUMAR AGGARWAL

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th August, 2025 + CM(M) 638/2019 & CM APPL. 19195/2019 AVTAR SINGH .....Petitioner Through: Mr. Raj Sharma, Adv. versus ANOOP KUMAR AGGARWAL .....Respondent Through: Ms. Sana Ansari, Mr. I. Ahmed, Mr. Tanveer, Advs. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 638/2019 & CM APPL. 19195/2019 1. Sh. Anoop Kumar Aggarwal (respondent herein) filed an eviction petition seeking eviction of his tenant Sh. Avtar Singh (petitioner herein) under Section 14(1)(c) of the Delhi Rent Control Act, 1958 (‘Act’). 2. The premises in question are first floor and second floor of property No. 2036, H.C. Sen Road (Fountain) Chandni Chowk. Delhi-6. 3. According to the landlord, the tenanted premises were let out to the father of respondent for residential purpose and after his demise, the respondent was using the premises as tenant. He averred that the premises were let out for residential purpose only but the respondent had been illegally using the same for other purpose as without any consent from the landlord, he had converted the premises into commercial and was using the same as a kitchen. Signature Not Verified Digitally Signed CM(M) 638/2019 1 By:DINESH CHANDRA Signing Date:12.08.2025 18:44:40 4. According to the landlord, the tenant was running a kitchen at a big scale and was cooking meals in large quantity and was selling cooked items from the tenanted premises. 5. It was in the abovesaid backdrop that the eviction suit was filed before the learned Controller seeking eviction for misuser. 6. During the pendency of the abovesaid eviction petition, landlord filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (‘CPC’) seeking decree on the basis of admission made by the