RC.REV.--110/2015. Case: M/S SOBTI FURNITURE MART PVT LTD Vs. RAVINDER KUMAR SURI. High Court of Delhi (India)
| Case Number | RC.REV.--110/2015 |
| Citation | NA |
| Judgement Date | May 26, 2015 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 110/2015 & CM 4179/2015 (stay)
% Decided on: 26th May , 2015
M/S SOBTI FURNITURE MART PVT LTD ..... Petitioner
Through Mr. Kirti Uppal, Sr. Adv. with Mr.
Sidharth Chopra, Mr. K.K. Jha, Mr. Vineet Kumar, Adv.
versus
RAVINDER KUMAR SURI ..... Respondent
Through Mr. Sanjiv Sindhwani, Sr. Adv. with Mr. Sumit Ahuja, Adv.
Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J. (ORAL)
CM 7618/2015 (by respondent)
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An eviction petition was filed by the respondent Ravinder Kumar Suri against the petitioner M/s. Sobti Furniture Mart Pvt. Ltd. (in short the Furniture) under Section 14(1)(e) read with Section 25B DRC Act. leave to defend application filed by Sobti Furniture was dismissed vide order dated 27th August, 2014 and an eviction order was passed by the ARC. The order dated 27th August, 2014 passing the eviction order challenged by Sobti Furniture in the present revision petition.
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On 9th March, 2015 when the matter came up for hearing ex-parte, Court issued notice. On a subsequent application of the petitioner next date when the respondent entered appearance, this Court vide
RC.REV. 110/2015 Page 1
dated 16th April, 2015 stayed the execution of the impugned order dated August, 2014.
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By the present application the respondent Ravinder Kumar Suri directions to the petitioner/non-applicant for payment of user charges market rate of rent . The applicant/respondent along with the application has placed on record lease deed of the adjoining property with dimensions which has been let out on 4th March, 2011 at a `1,11,000/-. It is thus prayed that Ravinder Kumar Suri is entitled to charges at the market rate of rent, if not higher than the same rate,
the decision of the Supreme Court in Atma Ram Properties Pvt. Federal Motors Pvt. Ltd. (2005) 1 SCC 705.
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Learned counsel for Sobti Furniture relying upon the decision Sunita Rani & Ors. Vs. Sri Chand & Ors. (2009) 10 SCC 628 submits the law as laid down in Atma Ram Properties is no more good law view of this subsequent decision the Court cannot fix rent more than statutory rent taking out the premises from the purview of the provisions Delhi Rent Control Act.
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Heard learned counsel for the parties. In Sunita Rani (supra Court was dealing with a case where the landlord had sought eviction three premises i.e. a godown, a shop and a Kothari. All the three petitions were dismissed by the Rent Controller. However, the authority allowed the appeal of the...
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