2019 of City Civil Court by which the plaint is rejected and the Hon’ble High Court had, by the order dated 28/04/2021, stayed the operation of the order in IA 1 of 2019. Since the stay of operation of the order in IA 1of 2019.will only revive the suit, in which the plaint was rejected; the same had nothing to do with the legality of measures. It is also to be noted that the issues that are gone into and answered in the SA is not in issue before the Hon’ble High Court. On the basis of dispositions in above paragraphs and findings entered therein, this Tribunal is of the considered opinion that there is no merit in the SA and the same is liable to be dismissed. The Applicant claiming to be a tenant, who can utmost challenge their actual dispossession, if any, cannot plead as to the legality of issuance of demand notice and possession notice and try to stall the measures. The tenant, even if a statutory one; can only seek protection of his tenancy and actual possession. As far as the legality of measures and issuance of symbolic possession notice are concerned, the tenant cannot have a say.
