Usha Naskar v. Sarlana Pal Kaur

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 313/2017 and CM 24317/2017 USHA NASKAR ..... Petitioner Through: Mr. Karan Nagrath, Advocate versus SARLANA PAL KAUR (@ SUWANEE KHORANA) ... Respondent Through: Mr. Manoj Singh and Mr. Abhay Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 29.01.2018 After some hearing, the first respondent who was the petitioner before the Rent Controller in the eviction case, which was allowed by order dated 09.05.2017 after rejection of the application of the petitioner for leave to contest through counsel, 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 09.05.2017 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 application filed therewith stand allowed. The impugned order is set aside. The leave to contest to the petitioner stands granted. The proceedings before the RC.REV. 313/2017

Rent Controller consequentially stand revived. They shall be taken up by the Rent Controller for further proceedings in accordance with law on 01.03.2018 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 JANUARY 29, 2018 Yg RC.REV. 313/2017