Allowed¶20

Badi Panchayat Vaish Bise Aggarwal (Regd) v. Shri Sunil Gupta

Delhi HC7 Aug 2025RC.REV./396/2017

Case brief

AI extract

What is this about?

Registered Society; maintainability of eviction petition; Section 14(1)(e); Delhi Rent Control Act 1958; DRC Act; Rent Controller; revision petition RC.REV.; impugned orders dated 19.07.2017 set aside; eviction cases E-319/2017 and E-320/2017 restored; Tis Hazari Central District; Division Bench answer dated 16.05.2025; Original Reference Nos. 1/2025, 8/2025, 9/2025; reference order dated 22.12.2017 in RC.REV. No.18/2016; appearance on 22.08.2025; expedition of eviction petition left to Rent Controller's discretion.

What did the court decide?

Revision petitions allowed; impugned orders dated 19.07.2017 set aside; eviction cases No. E-319/2017 and E-320/2017 restored to the file of the learned Rent Controller, Central District, Tis Hazari Court, Delhi; parties to appear before the concerned Court on 22.08.2025. ¶20

Badi Panchayat Vaish Bise Aggarwal (Regd) Vs Shri Sunil Gupta — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether eviction petitions under Section 14(1)(e) of the Delhi Rent Control Act, 1958 filed by a Registered Society are maintainable.

¶19

Court's answer

In view of the Division Bench's answer dated 16.05.2025 (that a Registered Society is entitled to maintain a Section 14(1)(e) petition), the ground on which the learned Rent Controller rejected the eviction petitions no longer sustains.

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Ratio / Principle

No other grounds having been urged by learned counsel for the parties, the revision petitions are allowed and the impugned orders dated 19.07.2017 are set aside.

¶20

Key takeaways

The eviction cases No. E-319/2017 and E-320/2017 are restored to the file of the learned Rent Controller, Central District, Tis Hazari Court, Delhi, with the parties to appear before the concerned Court on 22.08.2025.ratio¶20
On counsel's request for expedition of the eviction petitions, the petitioner may request the learned Rent Controller for such relief, who can take an appropriate decision depending inter alia on the convenience of the Court and pendency of older petitions.obiter¶21

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J.) allowed two revision petitions, RC.REV. 396/2017 and RC.REV. 397/2017, directed against orders dated 19.07.2017 passed by the learned Rent Controller in case Nos. E-319/2017 and E-320/2017, whereby eviction petitions under Section 14(1)(e) of the Delhi Rent Control Act, 1958 filed by the petitioner, a Registered Society, were held not maintainable. Placed before the Court in terms of the Division Bench decision dated 16.05.2025 in Original Reference No. 1/2025 and connected matters, and noting that the references arising out of these matters (Original Reference Nos. 8/2025 and 9/2025) had been answered by judgment dated 16.05.2025 holding that a Registered Society is entitled to maintain a Section 14(1)(e) petition, the Court held that the ground of rejection no longer sustains. No other grounds were urged. The impugned orders were set aside and the eviction cases restored to the file of the learned Rent Controller, Central District, Tis Hazari Court, Delhi, with the parties to appear on 22.08.2025. Counsel's request for expedition was left to the discretion of the learned Rent Controller, depending inter alia on the convenience of the Court and pendency of older petitions.

¶1

$~70 & 71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 396/2017 BADI PANCHAYAT VAISH BISE AGGARWAL (REGD) .....Petitioner

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versus

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SHRI SUNIL GUPTA .....Respondent

¶6

- RC.REV. 397/2017 BADI PANCHAYAT VAISH BISE AGGARWAL (REGD) .....Petitioner

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versus

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JAI PARKASH GOYAL .....Respondent

¶9

Appearance:

¶10

Mr. Ajay Gupta, Advocate for petitioner in Item Nos. 70 and 71. Mr. Siddharth Aggarwal, Advocate for respondent in Item No. 71. Mr. M. Tarique Siddiqui, Mr. Abhishek K. Tanwar, Mr. Md. Bilal, Mr. Fajallu Rehman and Ms. Lakshi, Advocates for respondent in Item No. 70.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 07.08.2025

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These revision petitions have been placed before the Court for adjudication in terms of the Division Bench decision dated 16.05.2025 in Original Reference No. 1/2025 and connected matters. Several questions of law were referred to the Division Bench by an order dated 22.12.2017 in RC.REV. No.18/2016, and similar questions arose in other captioned

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RC.REV. 396/2017 and connected matter Page 1 of 3

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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 11/08/2025 at 12:32:24

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petitions also.

¶19

These revision petitions are directed against orders dated 19.07.2017, passed by the learned Rent Controller in case No. E- 319/2017 and E-320/2017. By way of the impugned judgments, the learned Rent Controller held that the eviction petitions filed by the petitioner herein under Section 14(1)(e) of the Delhi Rent Control Act, 1958 [“DRC Act”], were not maintainable, having been filed by a Registered Society.

¶20

The matters were referred to the Division Bench by way of Original Reference No. 8/2025 and 9/2025. The references have been answered by a judgment dated 16.05.2025, alongwith several other questions out of the DRC Act. As far as maintainability of a petition under Section 14(1)(e) of the Act is concerned, the Court has held that a Registered Society is also entitled to maintain such a petition. 4. The ground upon which the petitions were rejected by the learned Rent Controller no longer sustains. As no other grounds are urged by learned counsel for the parties, the revision petitions are allowed, and the impugned orders dated 19.07.2017 are set aside. 5. The eviction cases, being case No. E-319/2017 and E-320/2017, are restored to the file of the learned Rent Controller, Central District, Tis Hazari Court, Delhi. The parties will appear before the concerned Court on 22.08.2025.

¶21

Mr. Ajay Gupta, learned counsel for the petitioner, requests that the eviction petitions be expedited before the Court of the learned Rent Controller. The petitioner may request the learned Rent Controller for such relief, who can take an appropriate decision, depending inter-alia

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RC.REV. 396/2017 and connected matter Page 2 of 3

¶23

This is a digitally signed order.

¶24

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 11/08/2025 at 12:32:24

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upon the convenience of the Court, and pendency of older petitions.

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The petitions are disposed of in these terms.

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PRATEEK JALAN, J

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AUGUST 7, 2025 SS/AD/

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RC.REV. 396/2017 and connected matter Page 3 of 3

¶30

This is a digitally signed order.

¶31

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 11/08/2025 at 12:32:24

Badi Panchayat Vaish Bise Aggarwal (Regd) v. Shri Sunil Gupta

Case brief

What is this about?

What did the court decide?

Badi Panchayat Vaish Bise Aggarwal (Regd) v. Shri Sunil Gupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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