OM PRAKASH SETH Vs. RAM TIRATH

JUDGEMENT

(1.) THE present petition is filed by the decree holder/landlord under Art. 227 of the Constitution of India against the impugned order dated 26.11.2010, passed by the Court of Shri. Devendra Kumar Sharma, learned ARC (North), Delhi in Execution No. 5 of 2012 titled "Om Prakash Seth and Others v. SardarPardeep Singh", whereby the learned ARC was pleased to post the objections, raised by the respondents herein, under Order XXI Rule 97 read with Sec. 151 of the Code of Civil Procedure, for the purpose of recording evidence.

(2.) THE brief facts leading to the present petition are as follows. The Petitioners herein filed a petition under Sec. 14(1)(e) read with Sec. 25B of the Delhi Rent Control Act, bearing Eviction Petition No. 143/2008. The eviction petition was passed against the judgment debtor, Sardar Pardeep Singh by the Ld. ARC (North) Delhi, on 24.04.2009. However, during the pendency of this eviction petition, the respondents herein tried to participate in the proceedings by filing an application under Order I Rule 10 read with Section 151 of CPC. On 07.08.2009, dismissing the abovementioned application under Order I Rule 10, the Ld. ARC observed that the eviction order shall not be executable against the respondents.

(3.) THE petitioners proceeded to file execution petition on 17.02.2010 before the Ld. ARC. On 04.03.2010, the respondents herein filed their objections to the execution proceedings, before the Ld. ARC under Order XXI Rule 97 read with Sec. 151 of CPC, contending that the respondents/objectors are the actual tenants under the petitioners in respect of the suit shop for the last more than 25years. The respondents/objectors produced certain documentary evidence in support of their contentions. The Ld. ARC observed that said objection could not be determined without evidence in view of the documents filed and passed the impugned Order dated 26.11.2010 posting the case for objectors' Evidence. The said order is under challenge in the instant petition.