Om Prakash Chabbra Deceased Through Lrs v. Rajesh Malik

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 345/2023 & CM APPL. 62645/2023 OM PRAKASH CHABBRA DECEASED THROUGH LRS .....Petitioner Through:

None versus RAJESH MALIK .....Respondent Through:

Mr. Sunil Malhotra and Mr. Rajat Malhotra, Advocates.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 07.02.2025 1.

None appears on behalf of the Petitioner/tenant. 2.

Quite clearly, the Petitioner/tenant is not interested in prosecuting the case any further.

3.

Learned Counsel for the Respondent/landlord submits that the possession of the subject premises has been handed over to the Respondent/landlord through execution proceedings. Learned Counsel for the Respondent/landlord submits that the user and occupation charges/damages for unauthorised use and occupation of the subject premises are yet to be recovered. The Respondent/landlord is at liberty to take appropriate steps in accordance with law for recovery of the same. 4.

This Court has in Ashok Gupta v. Deepak Rao1, while relying upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh 1 2024 SCC OnLine Del 7148 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

Rana2 and Vinod Kumar Verma v. Manmohan Verma3 has held that once the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition becomes infructuous. 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 5.

The Petitioner is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958 and is at liberty to take appropriate steps, if the need arises, in accordance with law.

6.

Since the Petition has become infructuous, it is disposed of. Pending Application shall stand closed.

7.

The Respondent/landlord is however at liberty to file appropriate proceedings in accordance with law for recovery of user charges, rental and any other charges due, albeit in accordance with law. TARA VITASTA GANJU, J FEBRUARY 7, 2025/pa Click here to check corrigendum, if any 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 17/02/2025 at 17:31:39