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2023 Supreme(Del) 2416

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J.
Arun Sood – Appellant
Versus
Hardit Kaur & Ors. – Respondents
RC.REV. 71 of 2022 & CM APPL. 21691 of 2023
Decided On : 10-08-2023

Advocates appeared:
Mr. Atul Gupta, Advocate, for the Petitioner.
Mr. Akshay Makhija, Senior Advocate with Mr. Krish Kalra, Advocate, for the Respondent-1, 2, 5 & 6.

Headnote:

DRC ACT - SECTION 14(1)(E) - REVISION PETITION - MAINTAINABILITY - PHYSICAL POSSESSION - SALE OF TENANTED PREMISES - SECTION 19 OF DRC ACT - HELD, PETITIONER NEVER IN PHYSICAL POSSESSION OF TENANTED PREMISES - PETITION NOT MAINTAINABLE.

Fact of the Case:

Petitioner, tenant, filed a revision petition challenging the eviction order passed by the Trial Court under Section 14(1)(e) of the Delhi Rent Control Act, 1958 ('DRC Act') in favour of the Respondent Nos. 1 and 2, landlords, with respect to the tenanted premises. The Trial Court had granted a statutory period of six (6) months under Section 14(7) of the DRC Act to the tenants, which expired on 23.04.2022. The revision petition was filed on 12.04.2022 by the Petitioner stating that he has learnt that the Respondent Nos. 1 and 2, landlords, have sold the tenanted premises on 31.03.2022 in favour of third parties i.e., Mrs. Shalini Arora and Mrs. Suman Arora, who have since been impleaded as Respondent Nos. 5 and 6 respectively, in the present petition.

Finding of the Court:

The Court found that the Petitioner was never in physical possession of the tenanted premises. The facts which unequivocally evidenced the said conclusion were: (i) the report dated 14.10.2022 filed by the SHO, PS Kashmiri Gate after undertaking an inquiry on the police complaint dated 04.04.2022 filed by the Petitioner categorically concluded that the said complainants could not produce any documents evidencing their possession and the allegation of illegal entry or theft as on 04.04.2022 was found to be unsubstantiated; (ii) the status report filed on behalf of MCD in terms of order dated 29.07.2022 passed in Suit No. 1776/2022, titled as Shalini Arora & Anr. v. MCD, recorded that an inspection of the tenanted premises was facilitated by Respondent Nos. 5 and 6; (iii) the police report recorded that the Respondent Nos. 5 and 6 have also deployed security guards at the tenanted premises, who are regulating the control over the tenanted premises; (iv) the letter dated 21.10.2022 issued by GST Division, confirming that they have visited the tenanted premises for verification of existence of exporter firm M/s CSKN Trading Co. and found that the said firm exists at the given address; (v) the Respondent Nos. 5 and 6 have taken steps to have an electric meter installed in the premises and are bearing the cost of the electricity drawn from said electric meter; and (vi) each of the aforesaid facts and documents showed that the physical possession of the tenanted premises is presently with Respondent Nos. 5 and 6 and the tenanted premises are under their control and lock & key.

Issues: 1. Whether the revision petition filed by the Petitioner is maintainable? 2. Whether the Petitioner was ever in physical possession of the tenanted premises?

Ratio Decidendi: 1. A tenant who has handed over physical possession as per Section 25 of the DRC Act cannot maintain a revision petition on account of a subsequent sale by the landlord during the statutory period; but he can maintain a petition under Section 19 of the DRC Act before the Rent Controller for the relief of restitution of physical possession. 2. In the facts of this case, upon passing of the impugned eviction order, the `interest' of the Petitioner in the tenanted premises came to an end. The Petitioner as recorded above was never in physical possession of the tenanted premises. The Respondent Nos. 1-2 and 5-6 obtained the vacant possession of the tenanted premises from Respondent No. 3 as per the mandate of Section 25 of the DRC Act. The Petitioner herein is therefore not entitled to maintain this revision petition and in garb thereof seek physical possession, which he never had.

Final Decision: The revision petition filed by the Petitioner is not maintainable and is hereby dismissed.

JUDGMENT

Manmeet Pritam Singh Arora, J. This revision petition has been filed by the Petitioner, tenant assailing the order dated 23.10.2021 (`impugned order') passed by Additional Rent Controller, Tis Hazari Court, Central District, Delhi (`Trial Court') whereby the application(s) seeking leave to defend were dismissed and an eviction order was passed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (`DRC Act') in favour of the Respondent Nos. 1 and 2, landlords with respect to the premises i.e., ground floor built up property comprising of rooms, halls, verandah, tin sheds, open spaces, in a plot admeasuring 584 Sq. Yds. bearing Municipal No. 777 in Ward No. 1, at Nicholson Road, Kashmiri Gate, Delhi as shown in red colour in the site plan annexed with the petition (`tenanted premises' or `subject property').

2. As per the averments made in the eviction petition, the tenanted premises were let out to a partnership firm M/s Scientific Equipments Works i.e., Respondent No. 4, which had two partners namely Sh. Pramanand Sood i.e., Respondent No. 3 and Sh. C.P. Sood, the deceased father of the Petitioner herein. The said Respondent No. 3 and Respondent No. 4 have been arrayed as proforma Respondents, as stated in the revision petition.

2.1. The said Respondent Nos. 3 and 4 have not filed a separate revision petition assailing the eviction order dated 23.10.2021.

3. The Trial Court vide eviction order dated 23.10.2021 had granted a statutory period of six (6) months under Section 14(7) of the DRC Act to the tenants, which expired on 23.04.2022.

4. This revision petition was filed on 12.04.2022 by the Petitioner herein stating that he has learnt that the Respondent Nos. 1 and 2, landlords, have sold the tenanted premises on 31.03.2022 in favour of third parties i.e., Mrs. Shalini Arora and Mrs. Suman Arora, who have since been impleaded as Respondent Nos. 5 and 6 respectively, in the present petition.

4.1. It is stated in this Petition that Respondent Nos. 1 and 2 have sought to forcibly dispossess the Petitioner from the tenanted premises on 04.04.2022 by breaking open the locks of the tenanted premises and in this regard Petitioner has also placed reliance on a police complaint dated 04.04.2022 filed with PS Kashmiri Gate, Delhi.

4.2. It is categorically asserted in the list of dates against the entry 05.04.2022 (sic) that the Petitioner is still (as on date of the filing of this revision petition) in possession of the tenanted premises and the same is under his locks & keys. This assertion of actual physical possession was reiterated before this Court during proceedings dated 26.04.2022.

Arguments of the Respondent Nos. 1, 2, 5 and 6; Landlords, Owners

5. Mr. Akshay Makhija, Senior Advocate addressed opening arguments on behalf of Respondent Nos. 1, 2, 5 and 6 and Mr. Krish Kalra, Advocate addressed arguments in rejoinder on behalf of the said Respondents to the following effect:

5.1. He states that the Petitioner i.e., Mr. Arun Sood has never been in physical possession of the tenanted premises. He states that the physical possession of the tenanted premises was held by Respondent Nos. 3 and 4 to the exclusion of Petitioner. He relies upon the pleadings, orders and judgement of the Civil Judge in the suit for permanent injunction filed by Respondent Nos. 3 and 4 against Respondent Nos. 1 and 2 herein, which records the exclusive possession of Respondent Nos. 3 and 4.

5.2. He states that the physical possession of the tenanted premises has been handed over by son of Respondent Nos. 3 i.e., Amitabh Sood to Respondent Nos. 5 and 6 after passing of the eviction order on 12.03.2022. He states that Respondent Nos. 5 and 6 are in exclusive physical possession of the tenanted premises.

5.3. He states that on the averments made in the revision petition, no challenge is maintainable against the impugned eviction order and the remedy of the Petitioner herein lies in initiating appropriate proceedings before the Rent Controlle

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