Final Order 5

Order Details: COPY OF ORDER
Pdf Text: RC ARC4/23
DHARAM SINGH Vs. SHARDA DEVI
27.07.2023
Present: Sh. Harit Chhabra,Ld.Counsel for petitioners along
with petitioner no.2.
All the four respondents in person.
Heard perused.
All the respondent have been served on 29.05.2023.
The present petition is a petition filed by the
petitioner u/s 14 (1) (e) read with section 25B of DRC Act, 1958
on the ground of bonafide requirement. Notice of the petition in
the prescribed format was duly issued to the respondents on
04.05.2023 which was received back duly served on 29.05.2023.
However, no leave to defend application has been
filed by the respondents despite the expiry of statutory period of
15 days. Accordingly, as it is mandated by law u/s 25B (4) of
DRC Act that where a respondent fails to apply for leave to
defend within the period provided under the act from the date of
service, all the averments of the petitioner in the petition shall be
deemed to be admitted by the tenant, the petitioner has become
entitled for eviction order in the present petition. Hence, an
eviction order is passed in favour of the petitioner and
against the respondents with respect to tenanted suit
property i.e. one tenanted shop in premises bearing no. 343,
Main Road, Village Shalamar, Delhi – 10088 more
specifically shown as yellow colour in the site plan i.e. Shop
No.2. In view of the provision of sub section (7) of Section 14
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of DRC Act, this order shall not be executed before the
expiration of a period of six months from the date of this
order. File be consigned to record room after due
compliance.
(Deepika Singh)
Senior Civil Judge (N/W)/27.07.2023
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