SHRI SHARAD JAIN vs SHRI JAYANTI PRASAD JAIN

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28.01.2025 + RC.REV. 224/2023 SHRI SHARAD JAIN .....Petitioner Through: Ms. Uma Aggarwal & Mr. Pulkit Aggarwal, Advocates. versus SHRI JAYANTI PRASAD JAIN .....Respondent Through: Mr. Mayank Gupta & Mr. Surinder Jain, Advocates. 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/landlord seeking to challenge an order dated 20.04.2023 [hereinafter referred to as the “Impugned Order”] passed by Learned Additional Rent Controller (Central) Tis Hazari, Delhi. By the Impugned Order, the Leave to Defend/Contest Application filed by the Respondent/tenant has been allowed. The premises in issue is shop bearing No. 2392, Ground Floor, Chhatta Shahji, Chawri Bazar, Delhi-110006 [hereinafter referred to as the “subject premises”] 2. Learned Counsel for the Petitioner/landlord submits that the Impugned Order suffers from an infirmity. 3. The triable issue that the learned Trial Court found was in respect of the fact that the Petitioner/landlord had sold two shops in the year 2018 and a finding has been given that this would show that the Petitioner/landlord intends to sell the subject premises as well once vacated. In addition, it has Signature Not Verified Digitally Signed By:RAHUL Signing Date:15.02.2025 RC.REV. 224/2023 Page 1 of 12 19:04:44 been found by the learned Trial Court that there is another premises i.e., a shop bearing No.2393, Chhatta Shahji, Chawri Bazar, Delhi 110006, [hereinafter referred to as “shop no. 2393”] which is available as alternate suitable accommodation. 4 On the aspect of landlord-tenant relationship, the Impugned Order has held that the landlord-tenant relationship between the parties is admitte