Raghubir Singh Arora v. Sonia Khanna

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 63/2019 RAGHUBIR SINGH ARORA ..... Petitioner Through:

Mr S. S. Jain, Advocate.

versus SONIA KHANNA ..... Respondent Through WITH + TR.P.(C.) 64/2019 RAGHUBIR SINGH ARORA ..... Petitioner Through:

Mr S. S. Jain, Advocate.

versus SONIA KHANNA ..... Respondent Through AND + TR.P.(C.) 66/2019 RAGHUBIR SINGH ARORA ..... Petitioner Through:

Mr S. S. Jain, Advocate.

versus SONIA KHANNA ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.05.2019 CM No. 21198/2019 in TR.P.(C.) 63/2019

CM No. 21199/2019 in TR.P.(C.) 64/2019 CM No. 21318/2019 in TR.P.(C.) 66/2019 1.

Allowed, subject to all just exceptions.

TR.P.(C.) 63/2019 TR.P.(C.) 64/2019 TR.P.(C.) 66/2019 2.

The petitioners have filed the present petitions, inter alia, seeking transfer of the appeals - RCT No.7/2017, RCT No.8/2017 and RCT No.9/2017 - on the ground that the court considering the said appeals (Court of District and Sessions Judge (East), Karkardooma) is of the view that it does not have the jurisdiction to hear the said appeals. 3.

It is pointed out that the said appeals have been preferred against orders dated 22.05.2017 passed by the learned ARC (East), Karkardooma Courts accepting the applications filed by the respondent under Section 27 of the Delhi Rent Control Act, 1958.

In terms of the said order, the respondent has been permitted to deposit rent under Order 39 Rule 10 CPC in respect of the premises, which the respondent claims were leased to her. 4.

The learned counsel appearing for the petitioner states that the learned ARC (East) has no territorial jurisdiction to pass the said orders as the property in question was located within the jurisdiction of the District Shahdara, Delhi.

He submits that since the orders passed by the learned ARC (East) were erroneous, the same can be corrected in an appeal by the Appellate Court hearing the appeals against the orders passed by the learned ARC (East).

5.

In view of the above submission, it is not necessary to transfer the appeals to another Court.

The learned District and Sessions Judge shall

consider the appeals and pass final order(s). The petitioner is also at liberty to avail of further remedies, if aggrieved by the orders passed by the learned District and Sessions Judge.

6.

The petitions are disposed of.

VIBHU BAKHRU, J MAY 06, 2019 MK