Delhi High Court - Orders
Mohd Hannan & Anr vs Abdul Basit on 7 February, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~8 & 37(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 120/2020
MOHD HANNAN & ANR ..... Petitioners
Through: Mr. Bahar U. Barqi, Advocate.
versus
ABDUL BASIT ..... Respondent
Through: Mr. S.D. Ansari, Advocate.
+ RC.REV. 119/2020
MOHD SUBHAN ..... Petitioner
Through: Mr. Bahar U. Barqi, Advocate.
versus
ABDUL WAHAB ..... Respondent
Through: Mr. S.D. Ansari, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 07.02.2022 The hearing has been conducted through video-conferencing. CM APPL. No. 6416/2022 (Exemption) in RC.REV. 120/2020 AND CM APPL. No. 6559/2022 (Exemption) in RC.REV. 119/2020
1. Allowed, subject to all just exceptions.
2. The applications stand disposed-off.
CM APPL. No. 6417/2022 (by petr. for delay of 335 days in filing of review petition) in RC.REV. 120/2020 AND CM APPL. No. 6560/2022 (by petr. for delay of 335 days in filing of CM APPL. No. 6556/2022) in RC.REV.
119/2020 Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:10.02.2022 16:57:443. The applicants have not explained the delay satisfactorily.
4. Accordingly, the applications are dismissed. Review Petition No. 29/2022 (by petr. for review of order dt. 29.01.2021 and 10.01.2022) in RC.REV. 120/2020 AND CM APPL. No. 6556/2022 (by petr. for recall of orders dt. 29.01.2021 and 10.01.2022) in RC.REV.
119/20205. In the order dated 29.01.2021, the first line in para 4, i.e., 'no relief of occupation charges was sought in the said application' is erroneous. Instead of the word 'sought', it should be read as 'decided'. It is so corrected.
6. Even otherwise if the review applications are taken up on merits, no flaw of fact is shown in the order dated 10.01.2022 insofar as the order has been passed in terms of the ratio of Atma Ram Properties (P.) Ltd. vs. Federal Motors (P.) Ltd., (2005) 1 SCC 705, there is no ground for issuing notice.
7. The applications are without merit and are dismissed.
8. At this stage, the learned counsel for the applicants requests that the arrears be reduced since the tenants are not able to pay the said amounts. The learned counsel for the non-applicant/landlords states, upon instructions, that Rs.1 lac in each petition shall be reduced. Accordingly, Rs.1 lac of arrears in each petition is reduced.
CM APPL. 4482/2022 (by petr. for directions) in RC.REV. 120/2020 AND CM APPL. 6558/2022 (by petr. for directions) in RC.REV. 119/2020
9. The petitioners seek fixation of an early date for hearing of the petition on merits.
Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:10.02.2022 16:57:4410.At joint request, the applications are taken up for disposal.
11. The tenants seek to handover the physical possession of the premises on 07.03.2022 as they are stated to be not in a position to pay the use and occupation charges as fixed by the court. Let an undertaking to this effect be filed. The handing over of the premises, will not come in the way of the petitioners pursuing the petition.
12. The applications are disposed-off in terms of the above. CM APPL. No. 6415/2022 (by petr. for interim directions) in RC.REV. 120/2020 AND CM APPL. No. 6557/2022 (by petr. for interim directions) in RC.REV. 119/2020
13. The learned counsel for the applicant does not wish to press the applications.
14. The applications stand dismissed as not pressed. RC.REV. 120/2020 & RC.REV. 119/2020
15. List on 04.08.2022.
16. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J FEBRUARY 07, 2022 RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:10.02.2022 16:57:44