Allowed

Kusum Sharma & Anr. v. Gurpreet Singh Sawhney

Delhi HC26 Nov 2025RC.REV./87/2025

Case brief

AI extract

What is this about?

Tenant's revision against an eviction order rejecting a delayed leave-to-defend application. The High Court held the ARC's order was unreasoned and non-speaking and remanded for a fresh reasoned order on the delayed leave to defend.

What did the court decide?

Impugned order dated 19.12.2024 set aside; matter remanded to ARC-02, Tis Hazari for reasoned order on delayed leave-to-defend application.

Kusum Sharma & Anr. Vs Gurpreet Singh Sawhney — Landlord and Tenant | Delhi HC (2025)

¶1

$~11

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- RC.REV. 87/2025 & CM APPL. 14177/2025-Stay

¶4

KUSUM SHARMA & ANR. .....Petitioners Through: Mr. S. P. Jha, Mr. Ashok Barnwal, Mr. Jay Kumar and Ms. Sunita Kashwala, Advs.

¶5

versus

¶6

GURPREET SINGH SAWHNEY .....Respondent Through: Mr. Brahm Prakash Sharma, Adv.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE SAURABH BANERJEE

¶9

O R D E R % 26.11.2025

¶10

This Court, while dealing with CM APPL. 55584/2025 , filed by the petitioners for seeking stay of the appointment of a bailiff, vide order dated 03.09.2025 had categorically held as under:-

¶11

“5. A perusal of the impugned order dated 19.12.2024 reflects that no doubt, the leave to defend application of the petitioner/ tenant was filed beyond the stipulated period of 15 days, however, in the considered opinion of this Court the same did not absolve the learned ARC to pass a detailed and a reasoned order after considering the case of the petition/ landlord on merits. In fact, the learned ARC has neither taken into consideration any of the averments made by the respondent/ landlord in the eviction petition nor the submissions made by the petitioner/ tenant before passing of the impugned order. Thus, impugned order dated 19.12.2024 is not a speaking and/ or reasoned order.

¶12

6. Under such circumstances, and considering the after effects thereof, the present application is allowed and the appointment of Bailiff likely to take place on 06.09.2025 and

¶13

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 28/11/2025 at 15:15:11

¶14

execution of warrants of possession of the demised premises as per the order dated 30.08.2025, passed by the court of learned ARC-02, Tis Hazari Court (Central), Delhi, are stayed disposal of the present petition.”

¶15

Today also this Court has heard both learned counsel for the parties for a considerable length of time.

¶16

As such, in view of what has been held by the Hon’ble Supreme Court in Sarla Ahuja vs. Union India Insurance Company Ltd., (1998) 8 SCC 119 and Abid-Ul-Islam vs. Inder Sain Dua, (2022) 6 SCC 30, the present matter is a fit case for this Court to exercise its jurisdiction under Section 25B(8) of the DRC Act.

¶17

In view of the aforesaid, the impugned order dated 19.12.2024, being unreasoned and non-explanatory, is set aside and the present matter is remanded back to the learned Additional Rent Controller ( ARC ) for reviving Eviction Petition being RC/ARC No.232/2024 entitled “ Gurpreet Singh Sawhney vs. Kusum Sharma & Anr. ” and the learned ARC is directed to pass a well-reasoned and detailed order qua non-filing of the application seeking leave to defend by the tenant beyond the statutory period of 15 days after hearing learned counsel for the parties prior to disposal of the same.

¶18

Accordingly, the present revision petition is allowed in the aforesaid terms.

¶19

A copy of the order be sent to the Court of learned ARC-02, Central, Tis Hazari Courts, New Delhi for compliance and information.

¶20

SAURABH BANERJEE, J

¶21

NOVEMBER 26, 2025/ bh

¶22

This is a digitally signed order.

¶23

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 28/11/2025 at 15:15:11

Kusum Sharma & Anr. v. Gurpreet Singh Sawhney

Case brief

What is this about?

What did the court decide?

Kusum Sharma & Anr. v. Gurpreet Singh Sawhney

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Priyanka Datta Vs Lt. Col. Pushpinder Singh

Smt. Mamta @Meenu Vs Sh. Vijay Kumar

M/S Mahalaxmi Hardware Vs Smt. Neetu Gupta

Sh. Jagmohan Singh Vs Sh. Gurpreet Singh Sawhney

Manish Kalra Vs Gurpreet Singh Sawhney

Sh Narendra Gupta( Huf) Vs Sh Ghanshyam Dass Sharma