The High Court set aside an eviction order passed by the Rent Controller without hearing arguments on the eviction petition. The order was remanded for fresh consideration after hearing a Section 151 CPC application.
Eviction judgment dated 17.09.2019 set aside; eviction petition remitted to Rent Controller to hear parties and decide fresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SUBHASH GULATI ………… Petitioner
versus
HARISH KUMAR SETHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr.Ravi Sikri, Sr. Adv. with Mr. Kunal Mada, Adv.
For the Respondent: Mr.Neeraj Yadav and Mr.Siddharth Arora, Advs.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APP No.52918/2019
Allowed, subject to all just exceptions.
RC.REV. 691/2019
RC.REV. 691/2019
Page 1 of 3
when the arguments on an application filed by the petitioner under Section 151 CPC were heard and thereafter, the matter was adjourned to 17.09.2019 for orders/clarification and the Rent Controller instead of disposing of the application under Section 151 CPC pronounced the impugned judgment allowing the eviction petition on which no arguments were heard.
RC.REV. 691/2019
Page 2 of 3
05.09.2019 does not dispose of the application under Section 151 CPC filed by the petitioner but disposes of the eviction petition filed by the respondent.
SANJEEV SACHDEVA, J.
DECEMBER 09, 2019 neelam
RC.REV. 691/2019
Page 3 of 3
2 issues framed by the court
Whether the Rent Controller could dispose of an eviction petition without hearing arguments on it after arguments were only heard on an interim application.
Whether the eviction order was passed without affording the tenant a fair opportunity to be heard on the main petition.
1 provisions across 1 enactments
Subhash Gulati
Harish Kumar Sethi
Sanjeev Sachdeva
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
