Ajit Singh v. Ram Nath Jain

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 17/2015 & CM Nos. 563/2015, 26415/2016 AJIT SINGH ..... Petitioner Through:

Mr. J.P.Sengh, Sr. Adv. with Mr.

Shyam Dev Lal, Ms. Manisha Mehta, Ms. MRIGNA Shekhar & Ms.

Vaishali Tanwar, Advs.

versus RAM NATH JAIN ..... Respondent Through:

Mr. Rajender Yadav, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.04.2018 After some hearing, the counsel for the respondent who was the petitioner before the Additional Rent Controller in the eviction case which was allowed by order dated 19.11.2013 after rejection of the application of the petitioner for leave to contest, on instructions, fairly concedes that triable issues arise and, therefore, the leave to contest may be granted and the revision petition may be allowed, the impugned order dated 19.11.2013 to be set aside with all consequential directions to follow this, of course, without prejudice to the contentions of both sides. In view of the above, the petition and the applications filed therewith stand allowed. The impugned order is set aside. The leave to contest to the petitioner stands granted. The proceedings before the Additional Rent RC.REV. 17/2015

Controller consequentially stand revived.

They shall be taken up by the Additional Rent Controller for further proceedings in accordance with law on 24th May, 2018 when the parties are directed to remain present. Needless to add, the petitioner shown as respondent in the eviction case will be obliged to submit the written statement on the afore-said date fixed for first appearance.

Dasti.

R.K.GAUBA, J APRIL 26, 2018 nk RC.REV. 17/2015