The petitioner withdrew an eviction petition against a tenant after admitting the premises had physically collapsed, rendering the subject matter of the dispute non-existent under the Rent Control Act.
Petition dismissed as withdrawn; liberty granted to pursue alternate remedies; previous orders remain operative but do not bar new remedies.
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CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
This affidavit of the petitioner discloses that the subject matter of the dispute i.e. the “premises” has now fallen down; it is no longer a “premises” within the meaning of Delhi Rent Control Act. Photographs in support of this affidavit have also been placed on record.
This petition had impugned the two concurrent findings returned by the ARC and the RCT dismissing the petition of the landlord seeking eviction under Section 14(1)(h) of the DRCA. In view of the new development which has taken place, the petitioner does not wish to press this petition.
Petition is dismissed as withdrawn with liberty granted to the petitioner to take any other alternate remedy available to him. The orders passed by the ARC and RCT will not come in the way of the petitioner in taking the remedy.
INDERMEET KAUR, J
FEBRUARY 17, 2016/ ndn
2 issues framed by the court
Whether the eviction petition should be dismissed after the premises have fallen down and ceased to exist.
Whether the petitioner is entitled to liberty for alternate remedies upon withdrawal of the petition.
1 provisions across 1 enactments
Shanti Devi & Ors
Daya & Ors
Indermeet Kaur
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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