The High Court of Delhi held an eviction petition infructuous after the landlord recovered possession via execution proceedings. Relying on precedents, the court noted tenant protection under Sec 19(1) Delhi Rent Control Act and dismissed the petition.
Petition dismissed as infructuous following recovery of possession.
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SHRI ASHOK KUMAR JAIN .....Petitioner
Through: Mr. Imran Khan, Adv. with Petitioner in-person
versus
RAJ KUMAR GUPTA .....Respondent Through: Ms. Shalini Kapoor, Adv. CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
1.1 It was contended that since, the possession of the subject premises has been restored, the present Petition has become infructuous. Reliance in this regard was placed by the leaned Counsel for the Respondents 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
1 2024 SCC OnLine Del 7148
2 (2003) 1 SCC 453
3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008
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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
TARA VITASTA GANJU, J
JANUARY 17, 2025/jn
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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 24/01/2025 at 16:26:43
2 issues framed by the court
Whether the eviction petition is infructuous after the landlord has recovered possession through execution proceedings.
Whether tenant protections under Section 19(1) of the Delhi Rent Control Act, 1958 apply ex post facto to a landlord who has already repossessed the premises.
Colour shows how this judgement treated each authority
Ashok Gupta v. Deepak RaoRelied on¶9
2024 SCC OnLine Del 7148 · Who else cites this
NC Daga v. Inder Mohan Singh RanaReferred¶9
(2003) 1 SCC 453 · Who else cites this
Vinod Kumar Verma v. Manmohan VermaReferred¶9
Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008
Om Prakash Ashok Kumar & Sons v. Ajay KhuranaReferred¶16
2024 SCC OnLine Del 5228 · Who else cites this
Neelam Sharma v. Ekant RekhanReferred¶16
2019 SCC Online Del 6487 · Who else cites this
Bhawani Shankar v Nand Lal and Ors.Referred¶16
2021 SCC OnLine Del 4284 · Who else cites this
1 provisions across 1 enactments
ASHOK KUMAR JAIN
RAJ KUMAR GUPTA
TARA VITASTA GANJU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
