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TARA VITASTA GANJU
Munna – Appellant
Versus
Om Wati – Respondent
JUDGMENT :
(Tara Vitasta Ganju, J.)
The orders dated 12.12.2022, 19.03.2018, and 27.07.2016 reflect that it is the admitted case of both the parties that the possession of one Shop on the Ground Floor bearing No. B-372, Ashok Nagar, Main Mandoli Road, Shahdara, Delhi-110093 [hereinafter referred to as “subject premises”] has been handed over to the Respondent/landlady through execution proceedings.
2. The issue of whether a Revision Petition is maintainable when the tenanted subject premises has been legally restored to the Respondent/landlady, either during or before the filing of the Revision Petition, has been addressed by the Supreme Court as well as by Coordinate Benches of this Court.
3. The Supreme Court in NC Daga v. Inder Mohan Singh Rana, (2003) 1 SCC 453, dealt with a similar situation while dismissing a challenge by a tenant to a judgment passed by this Court upholding an order declining leave to defend passed by the learned Trial Court. The facts in the case were that, possession of the tenanted premises had been taken pursuant to an order passed by the Executing Court. The Supreme Court dealt with the similar arguments raised on behalf of the Respondent/landlord that the
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 landlord's bonafide requirement for commercial use of residential property is valid if tenants are already using it commercially, and previous dismissals do not bar new petitions based on new evi....
Landlords must substantiate bona fide need for occupancy. Statutory provisions mandate proving availability of alternatives for tenants, with courts constrained in reconsidering factual findings.
The High Court's revisional jurisdiction is limited to ensuring lower courts adhered to legal standards, without reassessing evidence as in an appellate court.
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