Delhi High Court - Orders
Rajender Kumar And & Ors vs Nitin Kumar Goyal & Anr on 11 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:12.11.2021 17:28:20
$~20 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 77/2021
RAJENDER KUMAR AND & ORS. ..... Appellants
Through: Mr. Gurmehar Sistani, Mr. Samit
Khosla & Mr. Kapil Goyal,
Advocates (M-9999259904)
versus
NITIN KUMAR GOYAL & ANR. ..... Respondents
Through: None.
AND
+ RSA 78/2021
RAJENDER KUMAR AND SONS ..... Appellant
Through: Mr. Gurmehar Sistani, Mr. Samit
Khosla & Mr. Kapil Goyal,
Advocates.
versus
NITIN KUMAR GOYAL ..... Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.11.2021
1. This hearing has been done through hybrid mode. CM APPL.39881-82/2021 (for exemption) in RSA 77/2021 CM APPL.39886-87/2021 (for exemption) in RSA 78/2021
2. Allowed, subject to all just exceptions. Application is disposed of. RSA 77/2021 & CM APPL.39880/2021 (for stay) RSA 78/2021 & CM APPL.39885/2021 (for stay)
3. The present second appeals arise out of impugned judgment dated 25th October, 2021 passed by the Appellate Court in RCA DJ No.12/2021 titled Rajender Kumar & Ors. v. Nitin Kumar Goyal, where the appeal against the Trial Court's order dated 12th February, 2021, in Civil Suit No.684/2019 titled Nitin Kumar Goyal v. Rajender Kumar & Ors., was dismissed.
Digitally Signed By:DEVANSHU JOSHI Signing Date:12.11.2021 17:28:20
4. In the said suit for ejectment/possession, recovery of rent, mesne profit/damages and permanent injunction, the Trial Court had dismissed the application of the Appellants/Defendants, under Order VII Rule 11 CPC and allowed the application moved by the Respondents/Plaintiffs under Order XII Rule 6 CPC. While dismissing the appeal, the Appellate Court, inter alia, has relied upon the judgment in Sayada Begum v. Qaisar Dad Khan [RSA 56/2017, decided on 5th March, 2018], stating that in that case, the provisions of the Delhi Rent Control Act, 1958, were held not to be applicable to the area of village Ghonda, Chauhan Bangar, which is also where the suit property being Shop No. 1, Part bearing No. K-1/144/1, Main Road, Brahampuri, Delhi-53, is situated.
5. Ld. counsel for the Appellants submits that the said judgment would not be applicable in this case.
6. List these matters for hearing, on 15th November, 2021. These matters shall be taken up as item no.1 on the next date as the execution is stated to be listed on the same date.
7. In the meantime, ld. counsel for the Appellants shall place on record the judgment in Sayada Begum (supra).
8. Ld. counsel for the Appellants shall also give intimation by means of a letter along with a copy of today's order, to the counsel appearing for the Respondents before the Executing Court where the proceedings in the execution petition filed by the Respondents, are stated to be listed, on 15th November, 2021.
PRATHIBA M. SINGH, J.
NOVEMBER 11, 2021/DK/MS