The Court disposed of the eviction petition holding that recovery of possession in execution proceedings made the petition infructuous, with all pending applications closed.
The petition is disposed of and all pending Applications stand closed.
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.
$~62
QAYYUM ALI AND ANR .....Petitioners Through: Mr. Anuj Kumar Garg, Adv. with Petitioner No. 2 (through VC).
SHAHIDA KHATOON AND ORS .....Respondents Through: Mr. Abhishek Gautam, Adv. with Respondent No. 3 (through VC).
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 Rao7 , which has relied upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana8 and Vinod Kumar Verma v. Manmohan Verma9 . This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana10 , Neelam Sharma v. Ekant Rekhan11 , and Bhawani Shankar v
7 2024 SCC OnLine Del 7148
8 (2003) 1 SCC 453
9 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008
10 2024 SCC OnLine Del 5228
This is a digitally signed order.
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 01/07/2025 at 16:44:09
Nand Lal and Ors.12
TARA VITASTA GANJU, J
JANUARY 14, 2025/r
Click here to check corrigendum, if any
11 2019 SCC Online Del 6487
12 2021 SCC OnLine Del 4284
This is a digitally signed order. 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 01/07/2025 at 16:44:09
2 issues framed by the court
Whether the petition remains maintainable after the recovery of possession of the premises in execution proceedings.
Whether petitioners are protected under Section 19(1) of the Delhi Rent Control Act, 1958.
Colour shows how this judgement treated each authority
Ashok Gupta v. Deepak RaoRelied on¶1
7 Ashok Gupta v. Deepak Rao
NC Daga v. Inder Mohan Singh RanaReferred¶1
8 NC Daga v. Inder Mohan Singh Rana
Vinod Kumar Verma v. Manmohan VermaReferred¶1
9 Vinod Kumar Verma v. Manmohan Verma
Om Prakash Ashok Kumar & Sons v. Ajay KhuranaReferred¶1
10 Om Prakash Ashok Kumar & Sons v. Ajay Khurana
Neelam Sharma v. Ekant RekhanReferred¶1
11 Neelam Sharma v. Ekant Rekhan
Bhawani Shankar v. Nand Lal and Ors.Referred¶1
12 Bhawani Shankar v. Nand Lal and Ors.
1 provisions across 1 enactments
QAYYUM ALI AND ANR
SHAHIDA KHATOON AND ORS
TARA VITASTA GANJU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
