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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Mukesh Kumar – Appellant
Versus
Raj Kumar Rattan Kumar And Sons – Respondent
CM(M) 921 of 2023
Decided On : 29-05-2023
Delhi Rent Control Act - Retired Person - Directions given to Trial Court to expedite hearing of leave to defend and application under Order VII Rules 11 and 12 CPC, 1908
Fact of the Case:
The petitioner, a retired person, sought directions to the Trial Court to expedite the hearing of the leave to defend and application under Order VII Rules 11 and 12 CPC, 1908, as eviction was sought under the Delhi Rent Control Act, 1958.
Finding of the Court:
The Court directed the Trial Court to take up the applications and dispose of them expeditiously, considering the petitioner's retired status and the need to earn livelihood from the premises.
Issues: Expedited hearing of leave to defend and application under Order VII Rules 11 and 12 CPC, 1908 for a retired person facing eviction under the Delhi Rent Control Act, 1958.
Ratio Decidendi: The Court's decision was influenced by the petitioner's retired status and the need to earn livelihood from the premises, leading to the direction for expedited disposal of the applications.
Final Decision: The Court disposed of the petition and directed the Trial Court to expedite the hearing and disposal of the applications.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 29292/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 921/2023
3. Petitioner has approached this Court seeking directions to the learned Trial Court to take up the application seeking leave to defend, as also the application under Order VII Rules 11 and 12 on the next date of hearing and dispose it of.
4. In view of the fact that the petitioner herein is a retired person and the eviction petition has been sought under Order 14 (1) (e) of the Delhi Rent Control Act, 1958, as also the submissions of the learned counsel that the petitioner seeks to earn his livelihood from the said premises, it is deemed appropriate to request the learned Trial Court to take up the leave to defend as also the application under Order VII Rules 11 and 12 CPC, 1908 on 13.07.2023 and endeavour to dispose of the same expeditiously.
5. In view of the above direction, the present petition is disposed of.
The need for expedited hearing and disposal of applications under the Delhi Rent Control Act, 1958, considering the petitioner's retired status and livelihood concerns.
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
Order 22 Ru1e 4 provides that any person so made a party may make any defence appropriate to his character as legal representative of deceased defendant.
The central legal point established in the judgment is the application of Section 14 (1) (e) of the Delhi Rent Control Act to justify the eviction of the respondent based on the bona fide need of the....
The tenant's failure to pay rent and negligible claims of ignorance do not negate the validity of eviction orders under the Delhi Rent Control Act, affirming tenant's obligations despite reliance on ....
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