The court condoned the delay in filing the appeal subject to costs, emphasizing the need to consider the rent agreement in light of the Delhi Rent Control Act.

ORDER :

CM APPLs. 13880 & 13882/2024 (for condonation of delay)

1.The present applications have been filed seeking condonation of a delay of 572 days in filing and 36 days in re-filing the appeal.

2. Learned counsel for the appellant submits that the delay occurred due to unavoidable reasons.

3. Learned counsel for the respondent has fairly submitted that the delay may be condoned, subject to costs. Let a cost of Rs. 10,000/- be imposed on the appellant.

4. The delay in filing and re-filing the appeal is condoned, subject to the payment of Rs. 10,000/- to the respondent.

5. The applications stand disposed of.

CM APPL. 13881/2024 (exemption) Allowed, subject to all just exceptions.

6. The application stands disposed of.

7. The present appeal has been filed challenging the order dated 01.05.2021 in RCA No. 58/2018, titled Rakesh Kumar Sharma vs. Gurbachan Kaur Sehgal. The learned First Appellate Court allowed the appeal and set aside the judgment and decree dated 27.03.2018 passed by the learned Civil Judge, Tis Hazari Court, Delhi.

8. Learned counsel for the appellant states that the appellant had let out the subject property to the respondent on rent, which was subsequently enhanced to Rs.5,000/- per month. He submits that the learned Trial Court decreed the suit in favor of the appellant. However, the First Appellate Court failed to consider the rent agreement, which recorded the enhancement of rent, and instead held that the petition should have been filed under the Delhi Rent Control Act.

9. Learned counsel further submits that the present case involves substantial questions of law.

10. Issue notice. Learned counsel for the respondent accepts the notice.

11. Let both the parties file brief written submissions not exceeding five pages [with reference to the PDF page number of the digital record of the Court] along with relevant judgments [with an index of the specific paragraphs of the said decision and the corresponding proposition of law, to be relied on] within four weeks with an advance copy supplied to the opposite party at least a week in advance before the next date of hearing.

12. List on 21.08.2025.

13. Let LCR and ACR in digital form be called on or before the next date of hearing.

CM APPLs. 15061/2024& 38006/2024 (permission to file additional documents on record)

14. Present applications have been filed by the appellant seeking permission to file additional documents on record.

15. Learned counsel for the appellant seeks time to file reply.

16. Let reply be filed within two weeks with an advance copy supplied to the learned counsel for the appellant.

17. List on 21.08.2025.