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2015 Supreme(Del) 4339

PRATIBHA RANI
Naresh Kumar Bansal – Appellant
Versus
Devender Kumar Sharma – Respondent


For the Petitioner:Mr. Vishal Bhatnagar and Mr. Nitin Sharma, Advocates.
For the Respondent:Ms. Rajani Chauhan, Advocate.

JUDGMENT :

Pratibha Rani, J.:--

1. The petitioner has invoked the power vested in this Court under Article 227 of the Constitution of India with a prayer that the eviction order dated 15th January, 2015 being passed by learned ARC-1 (Central) without service of notice on the petitioner may be set aside. Prayer has also been made to set aside order dated 08th July, 2015 whereby the application seeking recalling of order dated 15th January, 2015 has been dismissed.

2. Before dealing with the grounds of challenge, the sequence of events leading to passing of impugned orders has to be recorded.

3. Eviction petition No. 248/14 under Section 14(1)(e) Delhi Rent Control Act, 1958 was filed by Sh. Devender Kumar Sharma the landlord/respondent herein against Sh. Naresh Kumar Bansal, petitioner/tenant seeking eviction from shop bearing No. 365 to 372, Ground Floor, Naya Bans, Khari Baoli, Delhi.

4. The eviction petition was received by learned ARC-1 (Central) on 07.11.2014, on which date following order was passed:-

“07.11.2014

Fresh eviction petition u/s 14 (1) (e) of the DRC act received by way of assignment. It be checked and registered.

Present: Petitioner with counsel.

Heard. Issue notice to th




















































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