The court can consider subsequent events and the passage of time in making a just decision.

JAYANT NATH, J.

1. By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 05.01.1991 passed by the Additional Rent Controller (hereinafter referred to as the ‘ARC’) under Section 14(1)(h) of the Delhi Rent Control Act (in short the ‘DRC Act’) regarding premises bearing No.1665, Lekh Raj Bhawan, Kucha Dakhni Rai, Darya Ganj, New Delhi-110002.

2. It is averred that the premises were let out to the husband of the petitioner, namely Sh.R.L.Deo. After his death, the petitioner has become the tenant of the demised premises. It was stated in the eviction petition that the petitioner had acquired vacant possession of a residence at B-102, Gulmohar Park, Opposite Green Park, New Delhi after the tenancy has been created. Hence, an eviction petition was filed under Section 14(1)(h) of the DRC Act to seek an eviction order. The petitioner was proceeded ex-parte. The ARC noted the evidence of AW1 about the petitioner having acquired the said residence 2-3 years back. Relying on unrebutted and unchallenged evidence, the ARC passed an eviction order.

3. I have heard the learned counsel for the parties.

4. The learned senior counsel appearing for the petitioner submits that the eviction petition was filed on 06.11.1989. He submits that Section 14(1)(hh) of the DRC Act was inserted w.e.f. 01.12.1988. Hence, on the date when the eviction petition was filed the said section was in operation. He submits that the petitioner has obtained the completion certificate in 1990. He also relied upon the report of the process server who has stated that the property in question was being built in 1990. He further submits that it was on record of the ARC that the construction of the house in question was not yet completed when service was effected on the petitioner. Based on this he submits that the eviction petition filed was premature as in terms of the Section 14(1)(hh) of the DRC Act, the petition could not be filed within a period of ten years from the date of acquisition of the property by the petitioner. Completion certificate was obtained in 1990. It is hence urged that no eviction petition could have been filed till 2000. The learned senior counsel also relies upon the judgment of this court in the case of Shiv Shankar Rastogi v. Uma Shankar Sharma, 2002 (99) DLT 775.

5. The learned counsel appearing for the respondents has tried to reiterate that these submissions of the petitioner were not urged earlier. He relies upon the grounds of appeal to contend that what the petitioner wanted to originally urge was that the property in question belongs to the son of the petitioner. He has relied upon the judgment of this court in the cases of Kanwal Nain Vig v. Pran Nath Khosla & Anr., 1999 VAD (Delhi) 649 and Bandaru Satyanarayana v. Imandi Anasuya & Ors., (2011) 12 SCC 650 to contend that in a revision petition this court has a limited scope of supervisory jurisdiction.

6. Section 14(1)(h) and (hh) of the DRC Act read as follows:

“14.(1) Protection of tenant against eviction.-

(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by and court or Controller in favour of the landlord against a tenant: Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely:-

…………….

(h) That the tenant has, whether before or after the commencement of this Act, (Note: The word "built" omitted by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) acquired vacant possession of, or been allotted, a residence;

(hh) (Note: Ins. by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) That the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years have elapsed there-after”

7. Hence, it is the case of the petitione