Rent control revision petition rendered infructuous because possession of the premises was already restored to the respondent via execution. Citing prior judgments, the court dismissed the petition, noting petitioner protection under Section 19(1) DRCA.
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OM PRAKASH SHARMA .....Petitioner Through: None. versus
S RAVINDER PAL SINGH .....Respondent Through: Mr. Nitin Sharma, Adv.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 16.12.2024
date of hearing as well.
“2. The record shows that the possession of the subject premises has already been taken by the Respondent through execution proceedings. Since, the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition has become infructuous.
3. In this regard, reliance is placed upon the judgment passed by this Court in Ashok Gupta v. Deepak Rao , which has relied upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana and Vinod Kumar Verma v. Manmohan Verma . This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana , Neelam Sharma v. Ekant Rekhan , and Bhawani Shankar v Nand Lal and Ors.
4. In addition, the Petitioner is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958.”
TARA VITASTA GANJU, J DECEMBER 16, 2024/r Click here to check corrigendum, if any
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1 issue framed by the court
Whether the petition remains relevant after possession of the subject premises was restored through execution proceedings.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Om Prakash Sharma
S Ravinder Pal Singh
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
