Naresh Kumar Bansal v. Devender Kumar Sharma

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 490/2016 and CM APPL.37764/2016 (stay), CM APPL. 45172/2017 (for directions) NARESH KUMAR BANSAL ..... Petitioner Through:

Mr. M.S. Gandhi, Adv. with Mr. Nitin Sharma, Adv.

versus DEVENDER KUMAR SHARMA ..... Respondent Through:

Ms. Rajani Chauhan, Adv. with Ms. Tripta, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 16.05.2018 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 02.06.2016 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 02.06.2016 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.

RC.REV. 490/2016

The proceedings before the Additional Rent Controller consequentially stand revived.

They shall be taken up by the Additional Rent Controller for further proceedings in accordance with law on 9th July, 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.

MAY 16, 2018 vk RC.REV. 490/2016