Manveer Singh & Sons v. Kamlesh

O R D E R %

06.11.2017 CM No.39520/2017 (Exemption)

¶1Allowed subject to all just exceptions.

¶2The application is disposed of. CAV No.946/2017

¶3The counsel for the respondent/caveator appears.

¶4The caveat stands discharged. R.C. No.502/2017 & CM No.39521/2017 (for stay)

¶5This Rent Control Revision Petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 impugns the order (dated 4th May, 2017 in RC / ARC No.1205/2016 of the Court of Additional Rent Controller (East), Karkardooma Courts, Delhi) of dismissal of the application filed by the petitioner for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent and the consequent order of eviction of the petitioner from one shop forming part of Property No. X/568, Gali No.9, Raghubarpura-I, Gandhi Nagar, Delhi – 110 031.

RC.REV. 502/2017

¶6After some arguments, finding certain lacunas in pleadings in the petition for eviction, the counsel for the respondent/caveator withdraws the petition for eviction from which this petition arises, with liberty to file a fresh petition for eviction.

¶7The counsel for the petitioner has no objection.

¶8Resultantly, the impugned order of eviction of the petitioner is set aside and the petition for eviction in which the impugned order was made is permitted to be withdrawn with liberty to file a fresh petition for eviction under Section 14(1)(e) of the Act or under any other provision of law which may be available to the respondent.

No costs.

RAJIV SAHAI ENDLAW, J. NOVEMBER 06, 2017 Pk..

RC.REV. 502/2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 502/2017 MANVEER SINGH & SONS ..... Petitioners Through: Mr. C.S. Bhandari, Advocate Versus KAMLESH ..... Respondent Through: Mr. V.K. Sharma, Advocate CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW