Lata Singh v. Varider Sahani

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 152/2017 LATA SINGH ..... Petitioner Through:

Mr. Naveen Kumar Chaudhary, Adv.

Versus

VARINDER SAHNI ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.09.2017 CM No.33446/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 152/2017 3.

This petition under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeks transfer of RCT No.1153/2016 titled as "Mrs. Lata Singh Vs. Mr. Varinder Sahni" pending before the Rent Control Tribunal (RCT), South East District, Saket Courts, New Delhi to Rent Control Tribunal (South District), Saket Court Complex, New Delhi. 4.

The counsel for the petitioner argues i) that the petition for eviction from which the aforesaid appeal arises is pending in the Court of Additional Rent Controller (ARC), South District, Saket Courts, New Delhi; ii) that the petition for eviction was filed before the bifurcation of South and South-East Districts; iii) that the property subject matter of petition for eviction is otherwise situated in South-East District; iv) that the petitioner accordingly preferred the appeal aforesaid to the RCT, South East District, Saket Courts, Delhi; and, v) that the RCT, South East District is expressing doubts about TR.P.(C.) 152/2017

the maintainability of the Rent Control appeal aforesaid before the South East District.

5.

Considering the aforesaid facts, need to transfer does not arise. 6.

However it is clarified that the RCT, South East District, Saket Courts, New Delhi to proceed to deal with the appeal on merits. 7.

The petition is disposed of.

Dasti under signature of Court Master.

RAJIV SAHAI ENDLAW, J SEPTEMBER 13, 2017 „gsr‟ ..

TR.P.(C.) 152/2017