Delhi High Court - Orders
Ram Kishan (Deceased) Thr Lrs vs Kanwar Inderjit Singh on 24 August, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:26.08.2021 13:48:42
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.S.A. 1/2020 and CM APPL. 7775/2020
RAM KISHAN (DECEASED) THR LRS ..... Appellants
Through: Mr. Vijay Chawla, Advocate.
versus
KANWAR INDERJIT SINGH ..... Respondent
Through: Ms. Kajal Chandra, Mr. Viren Kapur
& Mr. Divye Puri, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.08.2021
1. This hearing has been done through video conferencing.
2. The present second appeal has been filed challenging the order dated 14th January, 2020 passed by the District and Sessions Judge/ Rent Controller (West District), Tis Hazari Courts, Delhi (hereinafter, "Appellate Court") in RCT No. 29/2016, by which, the Appellant in the present appeal/ Respondent before the Appellate Court (hereinafter, "Appellant"), has been directed to be evicted under Section 14(1)(k) of the Delhi Rent Control Act, 1958.
3. The eviction petition was originally filed in 1976. The premises in question is a premises bearing No. Z-39, located at West Patel Nagar, New Delhi. The Appellant is running a dry cleaning shop in the said premises and has not been paying any use and occupation charges for several years.
4. Under these circumstances, at this stage, the following directions are issued:
i) The physical copy of the Trial Court as well as the Appellate Court records of the original eviction petition filed in 1976, bearing Eviction Petition No. 607/1976, titled "Kanwar Inderjit Singh v. Ram Digitally Signed By:DINESH SINGH NAYAL Signing Date:26.08.2021 13:48:42 Kishan", as also the second round which was taken up upon remand, pursuant to the High Court's order dated 14th December 2004, bearing Eviction Petition No. 23/08/76, shall be requisitioned for the next date of hearing and the same shall be put up before the Court. An electronic copy of the earlier petition may also be requisitioned, and tagged along with the e-file. Upon ld. Counsels for the parties requesting for the same, electronic copy of the said records may also be provided to the Counsels, to enable them to assist the court on the next date.
ii) Since the Appellant is not paying any use and occupation charges, and the present appeal challenges a decree for eviction, a sum of Rs.10,000/- per month is directed to be deposited with the Registrar General of this Court, on a monthly basis, on or before the 10th of every month;
iii) The arrears at the above rate, w.e.f. 14th January, 2020 shall also be deposited on or before 15th October, 2021 with the ld. Registrar General of this Court.
5. List this matter for hearing, in physical court, on 27th September, 2021.
PRATHIBA M. SINGH, J.
AUGUST 24, 2021 Rahul/AK