Kulwant Singh vs Vikas Ahuja - 2024 Supreme(Del) 679

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 679

GIRISH KATHPALIA
Kulwant Singh – Appellant
Versus
Vikas Ahuja – Respondent

Advocates appeared:
Mr Chanderkant Tyagi, Advocate with Petitioner in person.
Mr. Rajesh Bhatia and Mr. Hemant Kakkar, Advocates, for the Respondent.

JUDGMENT

Girish Kathpalia, J. - By way of this petition, brought under proviso to Section 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed eviction order dated 16.05.2023 passed by the Additional Rent Controller because the petitioner/tenant failed to file application for leave to contest the proceedings under Section 14(1)(e) of the Act. On notice of these proceedings, respondent/landlord entered appearance through counsel. I heard learned counsel for both sides and examined the digitized trial court record.

2. Briefly stated, circumstances relevant for present purposes are as follows.

2.1. The present respondent claiming himself to be the owner of premises bearing no.AF-6A, Ground Floor, Janta Flats, Shalimar Bagh, Delhi (hereinafter referred to as "the subject premises") filed eviction petition against the present petitioner under Section 14(1)(e) of the Act, pleading that the present petitioner was inducted as a tenant in the subject premises on 01.05.2010 for a period of 11 months only but despite expiry of that period, he did not vacate the subject premises, so the present respondent filed a Civil Suit for recovery of possession, which was dismissed on th