PARMESHWARI DEVI Vs. DALBIR SINGH

JUDGEMENT

(1.) THIS revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the 'Act') impugns the order dated 24.12.2011 of the learned Addl. Rent Controller (North), Tis Hazari Courts, Delhi, whereby the leave to defend application filed by the petitioners in the eviction petition filed against them by the respondents, was dismissed, and eviction order was passed by the Addl. Rent Controller.

(2.) BEFORE proceeding to see the merit in the petition, it may be noted that earlier on 28.5.2012, the learned counsel Sh. J.C.Mahindro appeared for the petitioners and addressed the arguments before my predecessor, and on instructions from the petitioners, did not press the petition on merits, and sought time to vacate the suit premises. Limited to that point, notice was issued to the respondents. Thereafter, the petitioners changed their counsel, who stated that petitioners never instructed Mr. Mahindroo, Advocate, as noted above. He insisted for disposal of the petition on merits. Mr. Mahindroo, Advocate appeared on 17.10.2012 and confirmed that the matter was heard at length on merits and since the court was not inclined to pass a favourable order, and was to dismiss the petition, he, on instructions from the petitioners, did not press the petition on merits and sought time for vacation of the suit premises. In view of this, it does not lie in the mouth of the petitioners to resile from their previous instructions. In any case, in all fairness, I have heard learned counsel for the petitioners at length on merits.

(3.) THE eviction petition was filed by Dalbir Singh on the ground of bona fide requirement of the suit premises for himself and his other family members dependent upon him. He died during the pendency of the petition and the present respondents, who are his wife and son were substituted in his place.