KARVAL BATRA vs PAWAN KUMAR RASTOGI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 06, 2025 + RC.REV. 197/2023, CM APPL. 36749/2023, CM.APP. 77063/2025 KARVAL BATRA .....Petitioner Through: Mr. Ajit Singh and Ms Yashvi Sood, Advs. (M-9990525091) Versus PAWAN KUMAR RASTOGI .....Respondent 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.35/2022 filed by the respondent/ landlord (landlord) under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) seeking eviction of the premises being Shop No.3 in property bearing No.E-4/4, Krishna Nagar, Delhi-110 051 (subject premises). 2. Since, learned 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 landlord as well as the availability of RC.REV. 197/2023 Page 1 of 4 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:08.12.2025 15:12:15 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, as per learned counsel for the tenant, since the observations made in paragraph nos.7 and 9 of the impugned order were/ are not pertaining to the facts and circumstances involved herein, the learned RC has proceeded to adjudicate the Eviction Petition on the basis of presumptions beyond the case of the parties. Lastly, th