SHAILENDER JAIN Vs. SP MINOCHA

JUDGEMENT

(1.) Order impugned is dated 22.11.2011 whereby the first appellate Court had endorsed the finding of the trial Judge dated 27.05.2011 wherein in execution proceedings {pursuant to an eviction decree having been obtained by the landlord under Section 14(1)(b) of the Delhi Rent Control Act (DRCA)}, the objection of the tenant that the respondent Sailender Jain (mentally challenged person) not having been represented through a guardian before the Addition Rent Controller (ARC) makes the entire decree passed by the ARC dated 23.12.2010 a nullity and non-est had been dismissed.

(2.) Record shows that an eviction petition has been filed by the landlord S.P.Minocha against four respondents/tenants; this was a petition under Section 14(1)(b) of the DRCA; after appreciation of the oral and documentary evidence, this petition had been decreed in favour of landlord vide judgment and decree dated 23.12.2010. The contention of the tenant that Shailender Jain is a mentally challenged person had been noted in para 24. In this context, the ARC had returned the following finding:-

(3.) This appeal was disposed on 20.04.2011 itself.