Sh Amarjeet Singh v. Shri Mohan Das Talreja (Since Deceased Thr His Lrs) And ORS
$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3676/2024 & CM APPL. 62021-62022/2024 SH AMARJEET SINGH .....Petitioner Through:
Mr. Praveen Suri with Mr. Sagar Nandwani, Advocates.
versus SHRI MOHAN DAS TALREJA (SINCE DECEASED THR HIS LRS) AND ORS .....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 23.10.2024 1.
Petitioner is defending an eviction petition filed on the ground of bonafide requirement.
2.
During pendency of the above said eviction petition, he filed an application under Section 10 CPC praying therein that the eviction proceedings may be stayed as he has already filed a civil suit seeking declaration that he has become the owner of the tenanted premises by way of adverse possession. The learned Trial Court dismissed the application moved under Section 10 CPC and rightly so, because the tenant was seeking stay of an earlier instituted proceedings not of a subsequently instituted proceedings. To that extent, there is no error in the impugned order.
3.
After hearing arguments for some time, learned counsel for the petitioner states that, without prejudice to his rights and contentions, he CM(M) 3676/2024 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 28/10/2024 at 11:51:29
does not press the present petition and he would file appropriate application under Section 151 CPC relying on Baldev Singh vs. Punjab National Bank & Others: (1998) 8 SCC 466.
4.
In view of the above, the present petition is disposed of as not pressed.
5.
Needless to say, if any application is eventually moved again by the petitioner before the learned Rent Controller, the learned Rent Controller would consider the same in accordance with law. MANOJ JAIN, J OCTOBER 23, 2024 st CM(M) 3676/2024 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 28/10/2024 at 11:51:29