$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 287/2023 & CM APPL. 53753/2023 (Stay) ANAND SWARUP .....Petitioner Through: Mr. Mohit Gupta, Mr. Priyabrat Kumar and Mr. Vishal Saxena, Advocates. versus BHAGWAN DASS AND ANR. .....Respondents Through: Mr. Omprakash, Mr. Durgesh Gupta and Ms. Neha Garg, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 20.07.2026 1. The present Revision Petition has been filed under Section 25B (8) of the Delhi Rent Control Act, 1958 [―DRC Act‖] read with Section 115 of the Code of Civil Procedure, 1908 [―CPC‖], seeking to set aside the Order dated 15.09.2023 [―Impugned Order‖] passed by the Court of learned Additional Rent Controller, Central District, Tis Hazari Courts, Delhi [―the Learned ARC‖], whereby the learned ARC allowed the Application under Section 25B(4) of the DRC Act seeking leave to defend filed by the Respondents in RC ARC No. 1020/2018, titled as ―Anand Swarup versus Ravi Dutt (deceased through legal heirs)‖. 2. Learned counsel appearing on behalf of the Petitioner submits that a reading of the Impugned Order suggests that the learned ARC has proceeded on the premise of determining whether the Eviction This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:06:42 Petition itself could be entertained before the learned ARC, inasmuch as the triable issue framed appears to be whether the subject matter of the tenancy was a "terrace" or a "terrace with structures" standing thereon. 3. The learned counsel for Petitioner submits that the grant of leave to defend proceeds on the contention of the Respondents that the Eviction Petition is not maintainable on the ground that the definition of ―premises‖ under Section 2(i) of the DRC Act refers to any building or part thereof which is, or is intended to be, let separately, together with any gardens, grounds, garages and furniture appurtenant thereto, whereas a mere open vacant land would not fall within the ambit of the said provision. Section 2(i) of the DRC Act is reproduced hereinunder for the sake of convenience: ―2(i) ―premises‖ means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes, - (i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building; (ii) any furniture supplied by the landlord for use in such building or part of the building; but does not include a room in a hotel or lodging house;‖ 4. He further submits that, as the expression "building or part of a building" has not been separately defined under the DRC Act, a terrace cannot, ipso facto, be excluded from the ambit of "premises" as defined under Section 2(i) of the DRC Act thereof. 5. He, accordingly, submits that if it is clarified that the learned ARC is competent to adjudicate the aforesaid question of law, the present Revision Petition may be disposed of with a request to the learned ARC that the said issue be decided while adjudicating the Eviction Petition finally. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:06:42 6. Learned counsel appearing on behalf of the Respondents fairly submits that he has no objection if the aforesaid question is left open to be decided by the learned ARC. 7. In view thereof, the present Revision Petition, along with pending Application(s), if any, stands disposed of in the aforesaid terms, requesting the adjudication of the question, in accordance with law. HARISH VAIDYANATHAN SHANKAR, J. JULY 20, 2026/nd/va/ma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:06:42