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2009 Supreme(SC) 892

MARKANDEY KATJU, H.L.DATTU
Sardar Estates – Appellant
Versus
Atma Ram Properties (P) Ltd. – Respondent


Advocates appeared:
For the Appellant :Ranjit Kumar, Sr. Advocate (NP), Rajiv K. Garg, Annam D.N. Rao, Advocates. For the Respondent:Amit Sethi, Ajay Kr. Jha, Ms. Bina Madhavan, Ruchi Aggarwal, Shwetanik Sovlakwah, M/s. Parekh & Co., Advocates.

Judgment :

This appeal furnishes a typical instance of a widespread malady which has infected the judicial system in the country, namely, the flagrant abuse of the process of the Court. The respondent, which is the owner and landlord of premises no.13/46, Scindia House, Connaught Circus, New Delhi filed an eviction petition against the appellant, who is the tenant, before the Rent Controller, Delhi in 1981. That petition was decreed on 12.5.1993 on the ground of subletting. The appellant filed an appeal before the Rent Control Tribunal which was dismissed on 22.9.1998. Thereafter he filed a second appeal which was dismissed by the Delhi High Court on 31.1.2000. Against that order he filed an SLP in this Court which was dismissed as withdrawn by order dated 8.12.2000. He then filed a Review Petition before the Delhi High Court which was dismissed on 9.2.2001. Against that order the appellant filed another SLP in this Court which was dismissed on 9.4.2001. By that order he was directed to vacate the premises and handed over physical possession to the landlord on or before 31.10.2001 subject to the usual undertaking to be filed within four weeks. However, the appellant did not file the







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