Mohd Tahir Aslam Qadri v. Saeeda Begum

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 46/2025, CM APPL. 7343/2025 MOHD TAHIR ASLAM QADRI .....Petitioner Through:

Mr. S.S. Nizami, Mr. M.F. Nizami, Advs.

versus SAEEDA BEGUM .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 07.02.2025 CM APPL. 7344/2025 [For exemption for filing dim/illegible copies] 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

RC.REV. 46/2025, CM APPL. 7343/2025 [For stay] 3.

The present Petition has been filed by the Petitioner/tenant impugning an order dated 02.09.2024 passed by Ld. ARC (Central), Tis Hazari Courts, Delhi [hereinafter referred to as 'Impugned Order']. By the Impugned Order, the Application for Leave to Defend/contest filed by the Petitioner/tenant was dismissed. The premises in issue is shop on ground floor of property bearing No. 4324, National Market, Kucha Pandit, Lal Kuan, Delhi-110006 [hereinafter referred to as 'subject premises']. 4.

The primary contention of the learned Counsel for the Petitioner/tenant is that during the pendency of the Eviction Petition, the Petitioner/tenant purchased right in the subject premises from the co-owner 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 17/02/2025 at 17:31:39

of the subject premises. The learned Trial Court examined this aspect of the matter and found that the Respondent was the landlady and owner of the subject premises.

5.

After some arguments, learned Counsel for the Petitioner/tenant seeks permission to withdraw the present Petition and submits that he will be taking appropriate steps in accordance with law in pursuance of his claim to the title of the subject premises. Liberty is, however, sought by the learned Counsel for the Petitioner/tenant that the findings of the learned Trial Court in paragraph 13 shall not come in the way of the Petitioner's/tenant's challenge to the title of the subject premises. 6.

Liberty as sought for is granted, albeit in accordance with law. 7.

The present Petition is accordingly dismissed as withdrawn. Pending Application stands closed.

8.

TARA VITASTA GANJU, J FEBRUARY 7, 2025/jn Click here to check corrigendum, if any 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 17/02/2025 at 17:31:39