RAKESH GUPTA Vs. AKHIL JAIN

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution impugns the order dated 26.08.2011 and also the order dated 9.1.2012 of Sr.Civil Judge-cum-Rent Controller (Central).

(2.) THE respondent was a tenant in respect of a portion on the ground floor of the premises being 1/6, Rani Jhansi Road, New Delhi under the petitioner. The petitioner had filed a petition for his eviction under Section 14(1)(d) of the Delhi Rent Control Act (for short the 'Act') on the ground that the respondent or his family has not been residing in the tenanted premises, preceding immediately six months before the filing of the petition. It was averred that rather, they have not been residing there for the last more than five years. The respondent having failed to appear to contest the eviction petition, he was proceeded ex parte on 9.11.2009 and consequently, ex parte eviction order was passed against him on 2.2.2010. During the execution proceedings, the respondent having come to know of the ex part eviction order, filed an application under Order 9 Rule 13 CPC for setting aside the ex parte judgment dated 2.2.2010. This application was allowed by the Sr.Civil Judge-cum-Rent Controller vide the impugned order dated 26.08.2011. The petitioner sought recalling of this order by filing review application, which also came to be dismissed by the Trial Judge on 9.1.2012. These orders are under challenge in the instant petition by the petitioner.

(3.) WITHIN no time of the filing of the petition, and even without compliance of the orders passed by the court, the petitioner succeeded in misleading and procuring the ex parte order against the respondent vide impugned order dated 02.02.2010. The Trial Judge seems to have realized the error and he set aside the ex parte eviction order dated 02.02.2010 on the application being filed by the respondent under Order 9 Rule 13 CPC. I do not see any infirmity or illegality in the impugned order of the Trial Judge. The review application that was filed for recalling of this order, was also rightly dismissed by the learned Trial Judge vide his order dated 9.1.2012. There is no infirmity or illegality in the said order as well. The petition being without any merit is hereby dismissed.