Late Sh S.M Yahya Chhabra Since Deceased Through Asad Yahya Chabra v. Jagdish Kumar & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 101/2023 LATE SH S.M YAHYA CHHABRA SINCE DECEASED THROUGH ASAD YAHYA CHABRA .....Petitioner Through:

Mr. Siddhant Nath, Mr. Bhavishya Makhija and Mr. Amaan Khan, Advocates versus JAGDISH KUMAR & ORS.

.....Respondents Through:

Mr. Rajiv Bajaj, Advocate

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 31.01.2025 1.

The present Petition seeks to challenge the Order dated 06.02.2023 passed by the learned CCJ-cum-ARC (Central), Tis Hazari Court, New Delhi [hereinafter referred to as "Impugned Order"]. By the Impugned Order, the leave to defend/contest filed by the Respondents/tenants has been allowed.

2.

Learned Counsel appearing on behalf of the parties have addressed arguments in the present Petition.

3.

With the consent of the parties, the Impugned Order is modified to a limited extent. On the aspect of the ownership and the landlord-tenant relationship, there is no dispute amongst the parties. In addition, the bona fide need that has been set out is also not disputed except for the fact that there are alternate accommodations available. 4.

It is therefore directed that the limited adjudication that the learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:49:37

Trial Court is to undertake is on examination of the seven alternate accommodations as are available with the Petitioner/landlord. The details of the seven accommodation are set out below:

(i) Shop No. 1000-1008, Pan Mandi, Sadar Bazar, Delhi-110006; (ii) Property bearing no. 392-394, Old Post Office Street, Sadar Bazar, Delhi-110006;

(iii) Property no. 4891 and 4892 Half, Main Chandni Chowk, Delhi110006; (iv) Property No. 1046, Mohalla Kisanganj, Teliwara, Azad Market, Delhi-110006;

(v) Property no. 1131, Mohalla Kisanganj, Teliwara, Azad Market, Delhi-110006;

(vi) Property No. 4936, Main Chandni Chowk, Delhi-110006; and (vii) Property No. 4870-71 (A&B), Main Chandni Chowk, Katra Subhash, Delhi-110006.

5.

The Petition is disposed of with the aforegoing directions. All pending Applications stand closed.

6.

It is clarified that this Order is being passed without prejudice to the rights and contentions of both parties and all rights and contentions of both the parties have been left open with respect to the limited issue to be adjudicated before the learned Trial Court.

7.

TARA VITASTA GANJU, J JANUARY 31, 2025 g.joshi/ ha Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:49:37