A tenant's rent-control petition was considered after possession of the premises had already been taken back by the landlord through execution. With the petitioner absent and nothing left to adjudicate, the petition was dismissed, including in default.
None; petition dismissed including in default and pending application closed.
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$~71
SHRI PREM CHAND .....Petitioner
Through: None.
versus
SHRI MOTI JAIN .....Respondent Through: Mr. Mukul Gupta, Sr. Advocate with Mr. Sudhir Gupta & Mr. Sumit Kr. Mishra, Advocates.
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R % 12.02.2025
3. In this regard, reliance is placed upon the judgment passed by this
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Court in Ashok Gupta v. Deepak Rao1 , which has relied upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana2 and Vinod Kumar Verma v. Manmohan Verma3 . This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana4 , Neelam Sharma v. Ekant Rekhan5 , and Bhawani Shankar v Nand Lal and Ors.6 .
4. In addition, it is contended that the Petitioner/tenant is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958.”
TARA VITASTA GANJU, J
FEBRUARY 12, 2025/ ha
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1 2024 SCC OnLine Del 7148
2 (2003) 1 SCC 453
3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008
4 2024 SCC OnLine Del 5228
5 2019 SCC Online Del 6487
6 2021 SCC OnLine Del 4284
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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:09:31
1 issue framed by the court
Whether a rent-control petition becomes infructuous once possession of the premises has been restored to the landlord through execution.
Colour shows how this judgement treated each authority
Ashok Gupta v. Deepak RaoRelied on
2024 SCC OnLine Del 7148 · Who else cites this
NC Daga v. Inder Mohan Singh RanaRelied on
(2003) 1 SCC 453 · Who else cites this
Vinod Kumar Verma v. Manmohan VermaRelied on
Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008
Om Prakash Ashok Kumar & Sons v. Ajay KhuranaRelied on
2024 SCC OnLine Del 5228 · Who else cites this
Neelam Sharma v. Ekant RekhanRelied on
2019 SCC Online Del 6487 · Who else cites this
Bhawani Shankar v Nand Lal and Ors.Relied on
2021 SCC OnLine Del 4284 · Who else cites this
1 provisions across 1 enactments
Shri Prem Chand
Shri Moti Jain
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
