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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tara Vitasta Ganju, J.
Sanjeev Kundra & Anr. - Appellants
Versus
Atul Associates Private Limited - Respondent
RC.REV. 15 of 2022
Decided On : 24-11-2023
Revision Petition - Tenancy Dispute - The court held that once possession has been taken over by the landlord in accordance with the law, the revision petition becomes infructuous, relying on previous judgments.
Fact of the Case:
The Respondent has received possession of the tenanted premises, rendering the Revision Petition infructuous.
Finding of the Court:
The court found that the matter had been settled outside the court, and the Respondent had already taken possession of the tenanted premises in accordance with the law, making the Revision Petition unnecessary.
Issues: The issue was whether the Revision Petition remained valid after the Respondent had taken possession of the tenanted premises.
Ratio Decidendi: The court relied on previous judgments, including Shri VK Tandon v. Shri Iqbal Singh, Neelam Sharma v. Ekant Rekhan, and Bhawani Shankar v. Nand Lal and Ors., to support its view that the Revision Petition had become infructuous once possession had been taken over by the landlord in accordance with the law.
Final Decision: The Revision Petition was disposed of, and pending applications, if any, were closed.
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Tara Vitasta Ganju, J. (Oral)#29; #11;p 7 #16;3#1; #29;
1. There is no appearance on behalf of the Petitioners. There was no presence on behalf of the Petitioners on the last three dates as well.
2. Learned Counsel appearing on behalf of the Respondent submits that the parties have settled the matter outside the Court and Respondent has received possession of the tenanted premised several months back.
3. This Court in various judgments has held that once possession has been taken over by the Respondent/landlord in accordance with law, the Revision Petition has become infructuous and in view thereof, nothing survives in the petition.
4. In this regard, reliance is placed upon the judgment passed by this Court, titled Shri VK Tandon v. Shri Iqbal Singh reported as 2023 SCC Online Del 5440. This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Neelam Sharma v. Ekant Rekhan reported as 2019 SCC Online Del 6487, and Bhawani Shankar v Nand Lal and Ors. reported as 2021 SCC OnLine Del 4284.
5. Accordingly, the Revision Petition is disposed of. Pending Applications, if any, stand closed.
6. File be consigned to record.
Once possession has been taken over by the landlord in accordance with the law, the revision petition becomes infructuous.
A revision petition becomes infructuous when possession of the tenanted premises has been restored to the landlord, limiting the High Court's role to procedural compliance.
A revision petition becomes infructuous when possession of the tenanted premises has been restored to the landlord, limiting the High Court's role to procedural compliance.
The High Court's revisionary jurisdiction is limited to procedural compliance and cannot reassess evidence as an appellate court.
The revisional court can correct trial court findings based on legal misinterpretation, especially when admissions negate the need for further proof.
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