Shri Prem Chand v. Shri Moti Jain

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 103/2024 & CM APPL. 21640/2024 SHRI PREM CHAND .....Petitioner Through:

None.

versus SHRI MOTI JAIN .....Respondent Through:

Mr. Mukul Gupta, Sr. Advocate with Mr. Sudhir Gupta & Mr. Sumit Kr.

Mishra, Advocates.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 12.02.2025 1.

None appears for the Petitioner/tenant. The learned Counsel for the Petitioner/tenant had, on the last date of hearing, requested for an adjournment and the date was given in his presence. 2.

Learned Senior Counsel for the Respondent/landlord once again reiterates his contention that the possession of the subject premises has already been taken by the Respondent/landlord through execution on 28.09.2024, and that nothing further survives in the present Petition. 3.

This Court had, on the last date of hearing, directed as follows: "2.

Learned Senior Counsel for the Respondent/landlord, thus, submits that since the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition has become infructuous.

3.

In this regard, reliance is placed upon the judgment passed by this 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 15/02/2025 at 12:09:31

Court in Ashok Gupta v. Deepak Rao1, which has relied upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana2 and Vinod Kumar Verma v. Manmohan Verma3. This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana4, Neelam Sharma v. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6.

4.

In addition, it is contended that the Petitioner/tenant is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958." 4.

Given the position and the non-appearance of the Petitioner, the Petition is dismissed, including in default. Pending Application also stand closed.

TARA VITASTA GANJU, J FEBRUARY 12, 2025/ ha Click here to check corrigendum, if any 1 2024 SCC OnLine Del 7148 2 (2003) 1 SCC 453 3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008 4 2024 SCC OnLine Del 5228 5 2019 SCC Online Del 6487 6 2021 SCC OnLine Del 4284 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 15/02/2025 at 12:09:31