Alok Gupta v. Ashok Gupta & ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 260/2016 & CM 17759/2016, 39311/2016 ALOK GUPTA ..... Petitioner Through:

Mr. Ashish Kapur with Ms. Vandana Rani, Advocates along with petitioner in person.

versus ASHOK KUMAR GUPTA (HUF) & ORS ..... Respondents Through:

Mr. S.K. Pal with Mr. Rahul Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 08.02.2018 After some hearing, the counsel for the first respondent who was the petitioner before the Rent Controller in the eviction case which was allowed by order dated 11.02.2016 after rejection of the application of the petitioner for leave to contest, fairly concedes that triable issues arise and, therefore, the leave to contest may be granted and the revision petition may be allowed and the impugned order dated 11.02.2016 may be set aside with all consequential directions to follow this, of course, without prejudice to the contentions of both sides.

In view of the above, the petition and the applications filed therewith stand allowed. The impugned order is set aside. The leave to contest to the petitioner stands granted. The proceedings before the Rent Controller consequentially stand revived. They shall be taken up by the Rent Controller for further proceedings in accordance with

law on 12.03.2018 when the parties are directed to remain present. Needless to add, the petitioner shown as respondent in the eviction case will be obliged to submit the written statement on the afore-said date fixed for first appearance.

R.K.GAUBA, J FEBRUARY 08, 2018 srb