Anita Rani Mangla v. Bhagwat Dayal And ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 120/2018 and CM Nos.3687-3688/2018 ANITA RANI MANGLA ..... Petitioner Through: Mr. H.S. Gautam, Advocate versus BHAGWAT DAYAL AND ANR ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 30.01.2018 The petitioner has rushed to this court without even pressing the prayer before the Rent Control Tribunal for stay against the enforcement of the eviction order pending her appeal (RCT 1/2018) against the dismissal of her objections in Execution case (Ex. No.6030/2016) by the Rent Controller by order dated 19.12.2017, which were taken out by the first respondent for enforcement of the eviction order dated 20.09.2016 passed in the wake of judgment dated 17.08.2016 on the eviction petition (E-5014/2016) instituted by the first respondent against the second respondent, the second respondent concededly being the husband of the petitioner herein, the finding returned by the Rent Controller being that he is a tenant under the first respondent in the subject premises while her case is that she is in possession in her own independent right.

CM(M) 120/2018

The petitioner must first approach the Rent Control Tribunal for the necessary relief.

The petition and the applications filed therewith are dismissed with these observations.

R.K.GAUBA, J JANUARY 30, 2018 yg CM(M) 120/2018