Girish Kakar & Anr v. Ram Kishan Kapoor & Ors

1. Allowed, subject to just exceptions. The applications are disposed of. CM(M) 1091/2017 & CM(M) 1092/2017 These petitions, both under Article 227 of the Constitution of India, seek expeditious disposal of E No. 1009/2014 titled Girls/i Kakar & Anr. Vs. Shri Ram Kis/zan Kapoor & Ors. and E No.1011/2014 titled Girls/i Kakar & Anr. Vs. Smt. Nirniala Kuinani & Ors., both of the Court of Additional Rent Controller (ARC)-01 (Central), Tis Hazari Courts, Delhi, filed by the CM(M) 1091/2017& CM(M) 1092/2017 Page 1 of[2] 2017:DHC:8809 petitioners under Section 14(1)(e) of the Delhi Rent Control Act, 1958 and pending since the month of July, 2014 for consideration of the application filed by the respondents in each case for leave to defend. The Legislature by providing for fifteen days time to file leave to defend has indicated an urgency in disposal of the petitions for eviction under Section 14(1 )(e) of the Act on the ground of personal requirement by the landlord of the premises. The summary procedure provided in Section 25B of the Act is also indicative thereof. The consideration of the applications for leave to defend has indeed been pending for unusually long time of over three years. In, this much time, even the trial ought to have been completed. These petitions are disposed of with a direction to the ARC-01 (Central), Tis Hazari Courts, Delhi to prepone the date of hearing in E No.1009/2014 titled Gins/i Kakar & Anr. Vs. Shri Ram Kishan Kapoor & Ors. and E No.1011/2014 titled Girish Kakar & Anr. Vs. Smi. Nirmala Kumani & Ors., from that given of 1St March, 2018 to 24Ih October, 2017 and to dispose of the applications for leave to defend of the respondents on or before 31st December, 2017. A copy of this order be supplied dasti under the signatures of the signatures on the respondents in each of the petitions and their counsels with intimation to appear before the ARC-01 (Central), Tis Hazari Courts, Delhi on 24th October, 2017. No costs.

SEPTEMBER 27, 2017 CM(M) 1091/2017& CM(M) 1092/2017 NDLAW, J.