Disposed¶21

Mohd Subhan v. Abdul Wahab

Delhi HC5 Mar 2025RC.REV./119/2020

Case brief

AI extract

What is this about?

RC.REV. 119/2020; RC.REV. 120/2020; petitions disposed as infructuous; possession of subject premises recovered almost three years back; settled law; Section 19(1) Delhi Rent Control Act 1958; user and occupation charges unpaid; recovery of damages; Ashok Gupta v. Deepak Rao 2024 SCC OnLine Del 7148; NC Daga (2003) 1 SCC 453; Vinod Kumar Verma Civil Appeal Nos. 5220-5221 of 2008; Om Prakash Ashok Kumar & Sons 2024 SCC OnLine Del 5228; Neelam Sharma 2019 SCC Online Del 6487; Bhawani Shankar 2021 SCC OnLine Del 4284; Tara Vitasta Ganju J; 05.03.2025.

What did the court decide?

No relief to the Petitioners: Petitions disposed of as infructuous; Respondents left free to recover unpaid user and occupation charges or damages in accordance with law. ¶21

Mohd Subhan Vs Abdul Wahab — Delhi HC (2025) — LawSathi Research

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$~55 & 56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 119/2020 MOHD SUBHAN .....Petitioner

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Through: None. versus ABDUL WAHAB .....Respondent Through: Ms Sana Ansari, Mr. I. Ahmed & Mr. Tanveer Zaki, Advocates.

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RC.REV. 120/2020 MOHD HANNAN & ANR .....Petitioners Through: None. versus ABDUL BASIT .....Respondent Through: Ms Sana Ansari, Mr. I. Ahmed & Mr. Tanveer Zaki, Advocates.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R % 05.03.2025

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None appears for the Petitioners.

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Learned Counsel for the Respondents submits that the possession of the subject premises has been taken over almost three years back.

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Given the settled law in this behalf, the Petitions have become infructuous. This Court by its order dated 03.03.2025 had directed as follows:

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“1. A Coordinate Bench of this Court had given a finding that the

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This is a digitally signed order.

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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 10/03/2025 at 12:25:05

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possession has already been recovered of the subject premises.

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In this regard, reliance is placed upon the judgment passed by this 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 .

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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.

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In view of the aforegoing, nothing further survives. The matters have become infructuous.

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Let the Petitioners remain present in Court on the next date of hearing.”

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Learned Counsel for the Respondents submits that even the user and occupation charges affixed by this Court have not been paid by the Petitioners. The Respondents are at liberty to take appropriate steps in accordance with law to recover the user and occupation charges or damages for the period the Petitioners were in possession.

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In view of the aforegoing, the Petitions are disposed of.

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The parties will act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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MARCH 5, 2025/ ha

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Click here to check corrigendum, if any

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1 2024 SCC OnLine Del 7148

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2 (2003) 1 SCC 453

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3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008

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4 2024 SCC OnLine Del 5228

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5 2019 SCC Online Del 6487

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6 2021 SCC OnLine Del 4284

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This is a digitally signed order.

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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 10/03/2025 at 12:25:05

Mohd Subhan v. Abdul Wahab

Case brief

What is this about?

What did the court decide?

Mohd Subhan v. Abdul Wahab

Case brief

What is this about?

What did the court decide?

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What the court decided

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