RC. REV. 115/2023 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgement reserved on : 18.05.2023

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Judgement pronounced on : 01.09.2023

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RC.REV. 115/2023 & CM APPL. 26278/2023

SHRI V K TANDON

..... Petitioner

versus

SHRI IQBAL SINGH

..... Respondent

Advocates who appeared in this case:

For the Petitioner

:

Mr. Manoj Khanna, Advocate

For the Respondent

:

Mr. Puneet Sharma, Advocate

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

TARA VITASTA GANJU, J.:

CM APPL. 26278/2023[Application filed by the Petitioner under Section

151 CPC for ex-parte stay on the Operation of the order dated 20.09.2022]

1. This is an Application filed on behalf of the Petitioner/tenant seeking

an ex-parte stay on the operation of the Order dated 20.09.2022 [hereinafter

referred to as the “Eviction Order”] passed by Learned Additional Rent

Controller, Delhi (Central), Tis Hazari Courts, Delhi in RC ARC No.

504/2019 qua the Property bearing No. 20-UB, Jawahar Nagar, Kamala

Nagar, New Delhi – 110007 measuring 195.31sq./18.14.metres [hereinafter

referred to as “demised Premises”].

1.1

The reliefs prayed for by the Petitioner/tenant are:

Digitally Signed

By:YASHPAL GROVER

Signing Date:05.09.2023

02:52:07

Signature Not Verified

RC. REV. 115/2023 Page 2 of 9

2. By the Eviction Order, application for Leave to Defend/Contest filed

by the Petitioner/tenant was dismissed and as a consequence thereof,

directions were passed for the recovery of the demised Premises upon the

expiry of six months from the date of the Eviction Order.

2.1

On

10.04.2023,

an

Execution

Petition

was

filed

by

the

Respondent/landlord to obtain possession of the demised Premises.

3. The Respondent/landlord thereafter on 29.05.2023 filed the present

Revision Petition impugning the Eviction Order, which was listed before

this Court on 01.05.2023.

3.1

The matter was heard by this Court briefly on 01.05.2023, and

thereafter on 18.05.2023.

3.2

It was contended by the Respondent/landlord that the present

Revision Petition was filed only upon the Petitioner/tenant becoming aware

of the pending Execution proceedings.

3.3

Since the Petitioner/tenant was unable to show any triable issue

during the hearing, the parties were granted time to file their Written

Submissions qua the contentions as raised in the Application for stay in the

matter.

3.4

In the meantime, a second stay Application CM APPL. 26278/2023

was filed by Petitioner/tenant on the ground that warrants of possession had

been issued which was listed on 18.05.2023. Time was sought once again on

Digitally Signed

By:YASHPAL GROVER

Signing Date:05.09.2023

02:52:07

Signature Not Verified

RC. REV. 115/2023 Page 3 of 9

behalf of the Petitioner/tenant to file his written submissions in the matter on

that day.

4. The matter was heard by this Court, and judgment was reserved.

While the judgment remained reserved, on 03.06.2023 the possession of the

demised premises was recovered in the Execution proceedings filed by the

Respondent/landlord.

5. Learned Counsel for the Petitioner/tenant raised the following

contentions:

(i)

The Respondent/landlord claim of bonafide need of the premises for

the Respondent/landlord mother is questionable as she is an old lady

and suffering from various ailments and will not be capable of

running a shop/boutique. Further, the mother of Respondent/landlord

is not dependent on him.

(ii)

There is no relationship of landlord and tenant between the parties.

The Respondent/landlord has placed on record a legal notice dated

31.05.2012 issued by the Respondent/landlord to Mr. Vedant Therani

who was stated to be in occupation of the demised premises. While

rely