DR. SUNIL SINGHAL vs KALURAM RASTOGI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 06, 2025 + RC.REV. 169/2023 DR. SUNIL SINGHAL .....Petitioner Through: Mr. A.K.Singla, Sr. Adv. alongwith Ms. Sayantani Basak and Mr. Sahil Kumar, Advs. Versus KALURAM RASTOGI & ANR. .....Respondents Through: Mr. D.K. Rustagi, Ms. Anjali Pandey and Mr. Mayank Rustogi, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE J U D G M E N T (ORAL) 1. By virtue of the present petition, the petitioner/ tenant (tenant) seeks setting aside of the order dated 16.03.2023 (impugned order) passed by learned Rent Controller, Shahdara District, Karkardooma Courts, Delhi (learned RC) in RC ARC No.34/2022 filed by the respondents/ landlords (landlords) under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) seeking eviction of the premises being Shop Nos.1 and 2 in property bearing No.E-4/4, Krishna Nagar, Delhi-110 051 (subject premises). 2. Since, learned senior counsel for the tenant, at the outset, submits that there is no dispute qua the findings rendered by the learned RC regarding the existence of landlord-tenant relationship between the parties, the bona fide requirement urged by the landlords as well as the RC.REV. 169/2023 Page 1 of 5 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:08.12.2025 15:12:15 availability of alternative accommodations, the same need not be adverted to by this Court, and the findings of the learned RC qua the same require no interference. However, relying upon the decision of a Co-ordinate Bench of this Court in Ashok Kumar & Anr. vs. Ram Avtar Gupta (2017) SCC Online Del 9150, the learned senior counsel submits that the Eviction Petition of the landlords before the learned RC was itself not maintainable since it was barred under the provisions of Secti