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DELHI HIGH COURT
NAVIN CHAWLA
Chander Mohan Chopra – Appellant
Versus
Nand Kishore – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
These petitions have been heard through video conferencing.
CM APPL. 15492/2021 in CM(M) 354/2021 (exemption)
CM APPL. 15494/2021 in CM(M) 355/2021(exemption)
Allowed, subject to all just exceptions.
CM(M) 354/2021 & CM APPL. 15491, 15493/2021
CM(M) 355/2021 & CM 15495/2021
1. CM(M) 354/2021 has been filed by the petitioner challenging the order dated 27.04.2016 passed by the learned Rent Control Tribunal in an Appeal under Section 38 of the Delhi Rent Control Act, 1958, being RCT No. 15/2015, while CM(M) 355/2021 has been filed challenging the order dated 01.04.2021 passed by the learned Rent Control Tribunal in RCT-09/2017. Both the petitions are being disposed of by this common order as they arise out of the same Eviction Petition, being ARC No. 25350/16, and involve the same factual background.
2. As far as CM(M) 354/2021, at the outset, the petitioner is confronted with the delay and latches in filing of the present petition.
3. The petitioner along with the present petition has filed application, being CM No.15491/2020, under Section 14 of the LIMITATION ACT , 1963 contending therein as under:
A party must show due diligence and good faith to claim benefits under Section 14 of the Limitation Act, failing which prior findings and delays bar relief.
The court established that a tenant should not lose their right to defense without clear evidence of obstinacy in rent payment, emphasizing judicious discretion in applying penalties under the Act.
The court emphasized the importance of diligently pursuing legal remedies and the need to avoid acting contumaciously in the context of eviction proceedings under the Delhi Rent Control Act, 1958.
The court emphasized the need for the summons to be duly served with a legible copy of the paper book and applied the dual test of reasons beyond control for the delay and the substantial case for co....
The court highlighted the importance of timely filing of application for leave to contest, valid reasons for extension, and the need for a substantial case for consideration of the application.
Execution of decrees cannot be barred by limitation when the Rent Control Act no longer applies after its repeal.
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