1. CM(M) No.248/2017 impugns the order (dated 25th January, 2017 in E-235/15 of the Court of Additional Rent Controller-2 (Central), Tis Hazari Courts) granting leave to defend to the respondent to defend the petition for eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958 filed by the petitioner.

2. CM(M) No.771/2017 has been preferred impugning the order dated 31st May, 2017 in the same petition for eviction, closing the right to file written statement owing to the written statement having not been filed within the prescribed time and listing the petition for eviction for evidence on 20th September, 2017.

3. Both petitions were entertained.

4. The counsels were heard on 8th September, 2017 and have been heard further today.

5. If CM(M) No.248/2017 were to be allowed and an order of eviction to be passed against the respondent therein, the need to consider CM(M) No.771/2017 would not arise and the same would become infructuous. Thus counsels have been heard on CM(M) No.248/2017.

6. Before proceeding to adjudicate CM(M) No.248/2017, I may record that the filing thereof as a CM(M) Petition under Article 227 of the Constitution of India is misconceived inasmuch a