Surender Kumar v. Virender Batra & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 66/2016 SURENDER KUMAR ..... Petitioner Through:

Mr. Manoranjan, Advocate.

versus VIRENDER BATRA & ANR ..... Respondents Through:

Mr. B.L. Chawla, Advocate with R-1 in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.02.2018 CM No. 3951/2016 (delay in re-filing) For the reasons set out in the application, delay in re-filing is condoned.

The application stands disposed of.

RC.REV. 66/2016 & CM Nos. 3949/2016, 10921/2016 (stay) and 27308/2016 (directions) After some hearing, the respondents who were the petitioners before the Rent Controller in the eviction case which was allowed by order dated 10.08.2015 after rejection of the application of the petitioner for leave to contest, through counsel, on instructions, fairly concede that triable issues arise and, therefore, the leave to contest may be granted and the revision RC.REV. 66/2016

petition may be allowed and the impugned order dated 10.08.2015 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 stands 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 Rent Controller for further proceedings in accordance with law on 07.03.2018 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.

The petition and the pending applications stand disposed of accordingly.

R.K.GAUBA, J FEBRUARY 01, 2018 srb RC.REV. 66/2016