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HIGH COURT OF DELHI
RSA 397/2014 and C.M.No.21054/2015
QAISAR DAD KHAN Appellant
Through: Mr.S.H.Nizami,Advocate.
HIGH COURT OF DELHI
RSA 397/2014 and C.M.No.21054/2015
QAISAR DAD KHAN Appellant
Through: Mr.S.H.Nizami,Advocate.
VERSUS
SAYADA BEGUM
Through:
Respondent Mr. Raman Kapur, Senior Advocate along with Mr. Pramod Kashyap, Mr.Ali Anwar, Mr. Aviral Tiwari &
Mr.Varun Kapur,Advocates.
Through:
Respondent Mr. Raman Kapur, Senior Advocate along with Mr. Pramod Kashyap, Mr.Ali Anwar, Mr. Aviral Tiwari &
Mr.Varun Kapur,Advocates.
RSA 6/2015 and C.M.No.388/2015
MOHD.SALIM Appellant
Through: Mr.Aftab Rasheed,Advocate.
MOHD.SALIM Appellant
Through: Mr.Aftab Rasheed,Advocate.
VERSUS
Through:
RSA 120/2015 and C.M.No.5527/2015
SAAD Appellant
Through: Ms. Shalini Kapoor & Ms. Kriti Arora,Advocates.
SAAD Appellant
Through: Ms. Shalini Kapoor & Ms. Kriti Arora,Advocates.
VERSUS
Through:
2015:DHC:11989 p- n
2015:DHC:11989 p- n
RSA 121/2015 and C.M.No.5529/2015
MUJAHID-UL-ISLAM Appellant
Through: Ms. Shalini Kapoor & Ms. Kriti Arora,Advocates.
MUJAHID-UL-ISLAM Appellant
Through: Ms. Shalini Kapoor & Ms. Kriti Arora,Advocates.
VERSUS
SAYADA BEGUM Respondent
Through: Mr. Raman Kapur, Senior Advocate V Mr.Varun Kapur,Advocates.
Through: Mr. Raman Kapur, Senior Advocate V Mr.Varun Kapur,Advocates.
CORAM:
HON'BLE MR- JUSTICE VIPIN SANGHI
24.11.2015 After some arguments, learned counsel for the respondent appearing in these appeals, who is also the landlady of the property of which the appellants herein are tenants in different portions, is agreeable to the impugned
24.11.2015 After some arguments, learned counsel for the respondent appearing in these appeals, who is also the landlady of the property of which the appellants herein are tenants in different portions, is agreeable to the impugned
ORDER
& decree passed by the First Appellate Court and the
Trial Court being set aside and the matters being remanded to the Trial
^ Court for adjudication on merits after a trial.
I may observe that the only dispute that requires the matters to proceed to trial is whether the suit property is covered under the provisions ofthe Delhi Rent Control Act, 1958(DRC Act)as it is not in dispute thatthe appellants are tenants of the respondent in different portions of the same property which is situated in village Ghonda,Chauhan Hangar. The defence of the appellants is that the said property is covered by the DRC Act.
F»- h Therefore,the several suits filed by the respondent are barred under Section
50 ofthe said Act.
Accordingly,the impugnedjudgment & decree ofthe First Appellate
Court and the Trial Court in each ofthese appeals is set aside and the suits are remanded back to the Trial Court for determination ofthe said issue after a trial. Considering the fact that the issue is very narrow and has arisen in this set ofappeals,and would obviously arise in several others pertaining to the same village,the Trial Courtshall expedite the disposal ofthe suits. It is hoped that the Trial Court shall conclude the trial within three months ofthe matters being listed before it and shall render the judgment within six months. It shall be open to the parties to lead common evidence since the issue is the same in all the cases.
The parties shall appear before the Trial Courton 07.12.2015.
The Trial Court Record, in case the same has been received, be sent back forthwith.
VIPIN SANGHI,J NOVEMBER 24,2015 B.S. Rohella
Trial Court being set aside and the matters being remanded to the Trial
^ Court for adjudication on merits after a trial.
I may observe that the only dispute that requires the matters to proceed to trial is whether the suit property is covered under the provisions ofthe Delhi Rent Control Act, 1958(DRC Act)as it is not in dispute thatthe appellants are tenants of the respondent in different portions of the same property which is situated in village Ghonda,Chauhan Hangar. The defence of the appellants is that the said property is covered by the DRC Act.
F»- h Therefore,the several suits filed by the respondent are barred under Section
50 ofthe said Act.
Accordingly,the impugnedjudgment & decree ofthe First Appellate
Court and the Trial Court in each ofthese appeals is set aside and the suits are remanded back to the Trial Court for determination ofthe said issue after a trial. Considering the fact that the issue is very narrow and has arisen in this set ofappeals,and would obviously arise in several others pertaining to the same village,the Trial Courtshall expedite the disposal ofthe suits. It is hoped that the Trial Court shall conclude the trial within three months ofthe matters being listed before it and shall render the judgment within six months. It shall be open to the parties to lead common evidence since the issue is the same in all the cases.
The parties shall appear before the Trial Courton 07.12.2015.
The Trial Court Record, in case the same has been received, be sent back forthwith.
VIPIN SANGHI,J NOVEMBER 24,2015 B.S. Rohella