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NAMIT KUMAR
Kidcare Child Hospital – Appellant
Versus
Sudha Bansal – Respondent
JUDGMENT :
Namit Kumar, J.
1. Instant revision petition has been filed by the petitioners under Article 227 of the Constitution of India challenging the order dated 17.05.2023 passed by Rent Controller, Kalka, whereby application filed by them for stay of further proceedings till the decision of title of the property between the same parties, has been dismissed.
2. Brief facts leading to the present revision petition are that property No.736/1, Ahata Murari Lal, Kalka consisting of first floor and second floor was rented out in favour of petitioner No.2 Dr. Dinesh Kumar Sharma, by the original owner Sh. Sadhu Ram Mittal, wayback in the year 1983. After the death of Sh. Sadhu Ram Mittal, his legal heirs sold the property in question to the respondent herein vide registered sale deed dated 25.07.2019. In July 2021, petitioner No.2 filed a suit for pre-emption against respondent as regards sale deed dated 25.07.2019, claiming himself to be owner in occupation of the suit property. Simultaneously, during the same period, respondent filed an eviction petition against the petitioners. In the eviction petition, petitioners moved an application for staying the further proceedings till the dec
The court clarified that Section 10 of the CPC applies only to suits and not to applications in pending suits. Additionally, the Rent Controller does not have jurisdiction to adjudicate ownership/tit....
Section 10 CPC applies to separate civil suits and does not extend to applications in pending suits. The Rent Act provides a special procedure for eviction proceedings and does not require adjudicati....
The Rent Controller's jurisdiction is limited to deciding eviction petitions and does not extend to adjudicating on the title of the landlord.
Interference would be justified only in the event the view taken by the Rent Controller and the Tribunal is entirely arbitrary and perverse or in excess of jurisdiction.
Point of law: Interference would be justified only in the event the view taken by the Rent Controller and the Tribunal is entirely arbitrary and perverse or in excess of jurisdiction.
Challenges to eviction orders in rental disputes must be substantiated with evidence and cannot be delayed without establishing a legitimate triable issue.
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