JUDGMENT :

Jayant Nath, J.

1. I may at the outset note that after arguments were heard and judgment was reserved, the respondent moved an application CM No.13409/2021 praying for dismissal of the present petition as having become infructuous as peaceful possession of the demised premises had been taken over on 19.03.2021 by the respondent. The matter was thereafter adjourned on several dates on account of non-availability of either of the learned counsel.

2. Learned counsel for the respondent has in the present application vehemently relied upon various orders passed by this court to hold that once possession has been regained by the respondent/landlord the revision petition is rendered infructuous.

3. Learned counsel for the petitioner/tenant does not deny that in the Execution Proceedings the respondent/landlord has received physical possession of the property in question. He denies that the present petition is infructuous.

4. Reference may be had to the judgment of a Co-ordinate Bench if this court in Neelam Sharma vs. Ekant Rekhan, (2019) 256 DLT 750 wherein the court held as follows:-

“15. The possession of the shop in question admittedly is taken over by the respondent on 30.8.2018