Mohd Bee & ANR v. Fidaullah & ORS

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 366/2015 & CM Nos. 12895/2015, 24297/2015 MOHD BEE & ANR ..... Petitioners Through:

Mr. S.H. Nizami, Adv.

versus FIDAULLAH & ORS ..... Respondents Through:

Ms. Inderjeet Saroop & Mr. Raghav Saroop, Advs.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.04.2018 After some hearing, the counsel for the first respondent who was the petitioner before the Additional Rent Controller in the eviction case which was allowed by order dated 01.05.2015 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 01.05.2015 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 Additional RC.REV. 366/2015

Controller for further proceedings in accordance with law on 3rd 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. Given the advanced age of the respondent/landlord, it is desirable that the case is decided expeditiously which, of course, would depend upon cooperation from the parties and their respective counsel. Dasti.

R.K.GAUBA, J APRIL 11, 2018 nk RC.REV. 366/2015