Petitioner challenged dismissal of leave to contest eviction. Respondents conceded delay could be condoned. Court ordered remittal to Rent Controller for merits and revival of proceedings. Pending application disposed of.
Eviction proceedings remitted to Additional Rent Controller for decision on merits; proceedings revived.
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VINOD KUMAR GUPTA ..... Petitioner Through: Mr. Sunil Dutt Dixit with Ms. Neha Shukla, Advocates.
versus
MADHU JAIN & ORS ..... Respondents Through: Mr. Abhay Kaushik, Advocate.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 05.04.2018
The petition at hand challenges the order dated 15.12.2016 of the Additional Rent Controller whereby the application for leave to contest moved by the petitioner was dismissed as time barred and consequently, an eviction order was granted in favour of the respondents. The respondents’ counsel at the very outset fairly conceded that the delay, whatever it was, may be condoned and the matter may be remitted to the trial court for decision on merits of the application for leave to contest. Ordered accordingly.
Consequently, the proceedings in the eviction case of the respondents stand revived on the file of the Additional Rent Controller. The parties are directed to appear in the said court on 04.05.2018. This disposes of the pending application as well.
R.K.GAUBA, J.
APRIL 05, 2018// srb
2 issues framed by the court
Whether delay in filing application for leave to contest eviction is bar or curable.
Whether eviction proceedings should be remitted for decision on merits.
1 provisions across 1 enactments
Vinod Kumar Gupta
Madhu Jain & Ors
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
