Krishan Kumar v. Nisha Gupta

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 514/2016 & CM No. 39427/2016 KRISHAN KUMAR ..... Petitioner Through:

Mr.Anil K. Kher, Sr. Adv. with Mr.N.K. Jain & Mr. Kunal Kher, Advs.

versus NISHA GUPTA ..... Respondent Through:

Mr. Pradeep Kumar Arya, Mr. Karan Shrama, Advs. with Mr.Vibhu Gupta in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 19.04.2018 After some hearing, the counsel for the respondent who was the petitioner before the Rent Controller in the eviction case which was allowed by order dated 08.06.2016 after rejection of the application of the petitioner for leave to contest, on instructions, 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 08.06.2016 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 RC.REV. 514/2016

consequentially stand revived.

They shall be taken up by the Rent Controller for further proceedings in accordance with law on 16th May, 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. Dasti.

R.K.GAUBA, J APRIL 19, 2018 nk RC.REV. 514/2016