RISHI WALIA Vs. SANATAN DHARAM MANDIR TRUST REGD

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, assails judgment dtd. 15/12/2021 passed by the learned Principal District and Sessions Judge (the learned Pr DSJ) in RCT 52/16, whereby the learned Pr DSJ has dismissed the appeal filed by the petitioner, assailing order and judgment dtd. 30/9/2013 of the learned Additional Rent Controller (the learned ARC) in Eviction Petition E. No. 72/2011.

(2.) Eviction Petition E. No. 72/2011 was filed by Shri Sanatan Dharam Mandir Trust (the respondent herein and referred to, hereinafter as the "SDM Trust") under Sec. 22 of the Delhi Rent Control Act, 1958, seeking eviction of the petitioner from Shop No. 34, measuring 8X16 feet situated at the ground floor on the Mangal Bazar Road side. Sec. 22 of the DRC Act reads thus:

(3.) The case set up by the SDM Trust, in its eviction petition, was that it was running and managing the Sanatan Dharam Mandir which contained a hall named Geeta Bhawan, to access which persons were required to cross the entire stretch of the mandir area from the complex. In order to facilitate ingress and egress of devotees to the temple, the respondent submitted that it desired to acquire Shop No. 34, which was owned by it and in which the petitioner was a tenant. The plaint also explains how, through the said shop, it would be possible for pilgrims and devotees to have access to Geeta Bhawan without having to cross the entire temple area.