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IN THE COURT OF MS NAMITA AGGARWAL: ARC, TIS HAZARI COURTS : DELHI

SUIT : RC/ARC/151 /14

Naval Kishore & ors. …. Petitioners

Versus

Jagdish Lal ….Respondent

APPLICATION U/S ORDER 12 RULE 6 CPC ON BEHALF OF PETITIONER AGAINST


THE DEFENDANT FOR GRANTINF DECREE IN FAVAOUR OF PETITIONER ON
ADMISSION

Most respectfully showeth :

1. That the Petitioners have filed the above said petition for eviction of tenant
against the respondent under section 14 (1) (a) and (b) of Delhi Rent Control Act,
1958.

2. That it is respectfully submitted that accordingly notice was issued and the
respondents have filed written statement on 13/10/2014.

3. That the respondents categorically admitted in reply to para 18 (a) 1 of the


written statement that the Respondents paid the rent to the Petitioner upto
11.02.2013 only and thereafter he neither paid nor tendered the Rent. They did
not take any step to pay the rent thereafter till date. The Respondents further
admit to have received the Notice of Demand dated 17-04-2012.

4. That it is further submitted that in reply to para 18 (a) 2 of the written statement
that he had entered into partnership business and parted with the possession of
rented premises completely without obtaining the permission of the petitioners in
writing as required under the law as the respondent has not filed any document
with regard to approval/ consent obtained by the respondent from the petitioner,
which is an offence under section 14 (4) of DRC Act. Even though the
Respondent alleges to have received the Approval in his Reply dated 17-5-2012
and in reply to para 18 (a) (2) of the petition, but no such consent has been filed
by the Respondent, since none was ever given. Quite surprisingly, the
Respondent has not furnished any details of the alleged approval / consent, like
date, time and mode as well as the name of the person granting the same.

Under these circumstances, the applicant/Petitioner respectfully submits


and prays that the Hon’ble Judge may pass a decree for eviction on the basis of
Admission and thereby direct the respondent to vacate the rented premises and
hand over the vacant and peaceful possession to the petitioner in the interest of
justice by this Hon’ble court and the proceedings for complaint u/s 14(4) of the
DRC Act against the petitioners, be initiated in accordance with law in the interest
of justice.

Filed by

Applicant/Respondent

Through

Counsel
IN THE COURT OF THE RENT CONTROLLER,
(CENTRAL), TIS HAZARI COURTS, DELHI

In the matter of :

Nawal Kishore & ors. Petitioners

Versus

Shri Jagdish Lal Respondent

AFFIDAVIT ON BEHALF OF THE PETITIONERS IN SUPPORT OF EVICTION PETITION


I, Naval Kishore S/o Late Shri Dalpat Ram R/o House no. 6414, Gali no. 4, Block
No. 7 Karol Bagh, Dev Nagar, New Delhi -110055 do hereby solemnly affirm and
declare as under :
1. That I am one of the petitioners in the above mentioned matter and I am well
conversant with the facts and circumstances of the case and as such
competent to swear this affidavit.

2. That the accompanying Application has been drafted by my counsel under my in-
structions and the contents thereof are true to my knowledge.

Deponent
VERIFICATION:

Verified at New Delhi on this ___ day of December, 2014 that the contents of above
affidavit are true and correct to best of my knowledge and nothing material are concealed there
from.

DEPONENT

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