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A-IO
% 13.7.2011
Present: Mr.S.P.Jha, Advocate for the petitioner.
Mr.S.K.Bhaduri, Advocate for the respondents.
+CM(M) No.502/2011 & CM No.8486/2011
*
Order impugned before this Court is the order dated
9.3.2011. Facts as emanating show that the husband of the petitioner (tenant) has filed a suit for specific performance; this had been filed in the year 1977 alleging that an agreement to sell had been entered into by the defendant (landlord) dated
19.12.1974 in favour of the plaintiff. The landlord had countered that suit by filing a suit for redemption. Both the suits have since been consolidated by an order of the competent court and are now pending disposal. These matters are fixed for final arguments on
26.7.2011.
The landlord/respondent has filed an eviction petition under
Section 14(l)(e) of the Delhi Rent Control Act (hereinafter referred to as "the DRC Act"); in the first round of litigation the said petition had been disposed of in 2001; thereafter a second eviction petition under Section 14(l)(e) and 14(l)(h) of the DRC Act has been preferred by the landlord which is also pending adjudication. It is now fixed for disposal on the application for leave to defend preferred by the tenant and the next date fixed is 14.7.2011.
It is a fact that the suit for specific performance and a suit
2011:DHC:18910 for redemption (both of which stand consohdated) pertain to the year 1977; they should be given priority. The said two suits should be heard and decided within outer limit of four months from today.
The Rent Controller is also directed to deal with the eviction petition preferred by the landlord under Section 14(1)(e) and
14(l)(h) of the DRC Act as expeditiously as possible.
With these directions this petition is disposed of.
INDERMEET KAUR, J.
JULY 13, 2011 nandan
2011:DHC:18910
A-IO
% 13.7.2011
Present: Mr.S.P.Jha, Advocate for the petitioner.
Mr.S.K.Bhaduri, Advocate for the respondents.
+CM(M) No.502/2011 & CM No.8486/2011
*
Order impugned before this Court is the order dated
9.3.2011. Facts as emanating show that the husband of the petitioner (tenant) has filed a suit for specific performance; this had been filed in the year 1977 alleging that an agreement to sell had been entered into by the defendant (landlord) dated
19.12.1974 in favour of the plaintiff. The landlord had countered that suit by filing a suit for redemption. Both the suits have since been consolidated by an order of the competent court and are now pending disposal. These matters are fixed for final arguments on
26.7.2011.
The landlord/respondent has filed an eviction petition under
Section 14(l)(e) of the Delhi Rent Control Act (hereinafter referred to as "the DRC Act"); in the first round of litigation the said petition had been disposed of in 2001; thereafter a second eviction petition under Section 14(l)(e) and 14(l)(h) of the DRC Act has been preferred by the landlord which is also pending adjudication. It is now fixed for disposal on the application for leave to defend preferred by the tenant and the next date fixed is 14.7.2011.
It is a fact that the suit for specific performance and a suit
2011:DHC:18910 for redemption (both of which stand consohdated) pertain to the year 1977; they should be given priority. The said two suits should be heard and decided within outer limit of four months from today.
The Rent Controller is also directed to deal with the eviction petition preferred by the landlord under Section 14(1)(e) and
14(l)(h) of the DRC Act as expeditiously as possible.
With these directions this petition is disposed of.
INDERMEET KAUR, J.
JULY 13, 2011 nandan
2011:DHC:18910
JUDGMENT