Taskeena Begum & ORS v. Mohd Naqui & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 6/2016 and CM APPL.631/2016 TASKEENA BEGUM & ORS.

..... Petitioners Through:

Ms. Zubeda Begum, Advocate with Ms. Sana Ansari, & Ms. Mrigna Shekhar, Advs.

versus MOHD NAQUI & ORS.

..... Respondents Through:

Ms. Kusum Lata Sharma, Advocate/ DHCLSC with Mr. Karan Sharma, & Mr. Aman Sharma, Advs. for R-1 to R-7.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 18.04.2018 After some hearing, the counsel for the respondents who were the petitioners before the Rent Controller in the eviction case which was allowed by order dated 23.09.2015 after rejection of the application of the petitioners 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 23.09.2015 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 application filed therewith stand allowed.

The impugned order is set aside.

The leave to contest to the petitioners stands granted. The proceedings before the Rent Controller RC.REV. 6/2016

consequentially stand revived.

They shall be taken up by the Rent Controller for further proceedings in accordance with law on 14th May, 2018 when the parties are directed to remain present. Needless to add, the petitioners shown as respondents in the eviction case will be obliged to submit the written statement on the afore-said date fixed for first appearance.

Given the fact that the eviction petition was filed in the year 2014, it will be expected that the proceedings before the trial Court are expeditious. This, of course, will be contingent upon both the sides to cooperate before the trial court.

Dasti.

R.K.GAUBA, J.

APRIL 18, 2018 vk RC.REV. 6/2016