United India Insurance Co Ltd v. Surender Nath

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 615/2018 & CM APPL No.52979/2018 UNITED INDIA INSURANCE CO LTD ..... Petitioner Through : Mr.Pradeep Gaur, Advocate.

versus SURENDER NATH ..... Respondent Through : Mr.Deepak Gupta, Mr.Sumeer Nath and Mr.Bharat Garg, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 06.02.2019 Petitioner assails the impugned order dated 07.08.2018 passed by the learned Trial Court whereby the leave to defend application was rejected and eviction order was passed in favour of the respondent.

Before this Court, the petitioner has raised three issues namely a) the legal heirs of the co-owner of the premises in dispute were not made a party to the eviction petition; b) the respondent does not require the premises bonafidely since he is aged 80 years and resident of Shimla; and c) he has alternative space in the same building at the backside of the ground floor and complete second floor is in his possession from where he can start the restaurant. I have perused the impugned order dated 07.08.2018 wherein these issues have already been aptly dealt with by the learned Trial Court.

At this stage, the learned counsel for the petitioner seeks time. At request, list again on 25.02.2019.

YOGESH KHANNA, J.

FEBRUARY 06, 2019 M