Delhi High Court - Orders
Shri Abdul Qudus vs Smt Shahjahan Begum & Ors on 3 February, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~76 (2022 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 124/2022
SHRI ABDUL QUDUS ..... Petitioner
Through: Mr. S.D. Ansari, Advocate.
versus
SMT SHAHJAHAN BEGUM & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 03.02.2022 The proceedings in the matter have been conducted through video conferencing.
CM APPLs. 6103-04/2022 (for exemptions) Exemptions allowed, subject to all just exceptions. These applications stand disposed of.
CM (M) 124/2022
1. The petitioner had filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 ["the Act"] before the Rent Controller. By way of this petition under Article 227 of the Constitution, he challenges an order dated 07.05.2018, by which the Executing Court has allowed the objections of the respondent Nos. 2 to 4 herein.
2. The petitioner had filed an appeal under Section 38 of the Act against the aforesaid order before the Rent Control Tribunal ["the Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:04.02.2022 14:52:30 CM (M) 124/2022 Page 1 of 2 Tribunal"]. By a judgment dated 01.10.2020, the Tribunal held that the appeal was not maintainable and the petitioner would have the remedy of revision before this Court under Section 25-B(8) of the Act. The petitioner thereafter sought recall of the aforesaid order. The application was dismissed by the judgment of the Tribunal dated 25.09.2021. Although the relief sought in this petition includes a challenge to the judgments of the Tribunal dated 01.10.2020 and 25.09.2021, Mr. S.D. Ansari, learned counsel for the petitioner, states that the petitioner does not press the challenge, insofar as the Tribunal has held that the appeal filed before it was not maintainable. However, according to Mr. Ansari, the order of the Executing Court dated 07.05.2018 is not susceptible to revision under the Act but only to the proceedings under Article 227 of the Constitution. The matter requires further consideration.
3. Issue notice to the respondents. The respondents may be served through all permissible modes and through learned counsel appearing on their behalf before the Executing Court.
4. List on 21.04.2022.
PRATEEK JALAN, J FEBRUARY 3, 2022 'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:04.02.2022 14:52:30 CM (M) 124/2022 Page 2 of 2