SH ASHOK GUPTA vs SMT KRISHNA WANTI

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 09.01.2025 + RC.REV. 143/2024 & CM Appl.29939/2024 SH ASHOK GUPTA .....Petitioner Through: Mr. Roshan Vishwamitra, Adv. versus SMT KRISHNA WANTI .....Respondent Through: Mr. Roshish Arora, Adv. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner/tenant impugning the order dated 13.02.2024 [hereinafter referred to as “Impugned Order”] passed by the learned SCJ/RC (West), Tis Hazari Courts, Delhi with respect to premises i.e., shop no. 1A, plot no. 2, Karampura Shopping Centre, Delhi -110015 as shown in red colour in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”]. By the Impugned Order, the Application for leave to defend has been dismissed by the learned Trial Court. 2. In view of the fact that the execution proceedings have already been filed by Respondent/landlady, the matter has been taken up for hearing and disposal today. 3. A Coordinate Bench of this Court after examining the Petition on Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:24.01.2025 RC.REV. 143/2024 Page 1 of 9 17:44:42 20.05.2024 passed an order rejecting the request for grant of ex-parte stay on the operation of the Impugned Order. The Coordinate Bench found that the issues as were raised by the Petitioner had also been raised before the learned Trial Court and were already dealt with. 4. The record reflects that so far as concern the landlord-tenant relationship and the ownership, there is no dispute that the Respondent/landlady is one of the co-owners of the subject premises. On the issue of bona fide need and availability of alternate suitable accommodation, the Coordinate B