JUDGMENT

Prateek Jalan, J. - CM aPPL. 10363/2022(exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CM(M) 189/2022 & CM aPPL. 10362/2022(stay)

1. By way of this petition under article 227 of the Constitution, the petitioner assails an order dated 21.10.2021 passed by the Rent Control Tribunal, being the Principal District and Sessions Judge, West District, Tis Hazari Courts, Delhi [hereinafter, 'the Tribunal'] in RCT No. 12/2019 [Smt. Kamlesh Devi vs. Shri Sri Ram Jindal & anr.]. By the impugned order, the Tribunal has allowed the appeal of the defendant no. 1 herein, against an order of the additional Rent Controller [hereinafter, 'aRC'] dated 08.02.2019, by which her application under Order IX Rule 13 of the Code of Civil Procedure, 1908 [hereinafter, 'CPC'] was dismissed.

2. The petitioner and the respondent no. 2 herein [hereinafter, 'landlords'] filed eviction proceedings against the respondent no.1 herein [hereinafter, 'tenant'] on 21.01.2011 under Section 14(1)(h) of the Delhi Rent Control act, 1958 [hereinafter, 'the act'] in respect of the suit property [WZ-1393, Nangal Raya, New Delhi] [hereinafter, 'the suit property']. The landlo