SAIN MAHASABHA NARAINI DHAM Vs. DAYANAND RITHALA

JUDGEMENT

(1.) The instant revision petition is directed against the Order dtd. 5/2/2020, passed by the learned Rent Controller, West District, Tis Hazari Courts, Delhi in RC/ARC No. 26152/2016, allowing the application filed by the Respondent herein (hereinafter referred to as 'the Tenant') for leave to defend.

(2.) The facts, in brief, leading to the instant petition are as under:

(3.) The Landlord in his revision petition has contended that on 22/3/2016, the Society filed four similar eviction petitions before the Rent Controller District West, Tis Hazari Court Delhi, and that in three petitions, namely, RC/ACR No. 25233/2012, CS/SCJ No. 1212/2018 and CS/SCJ No. 1213/2018, the tenants have been ordered to vacate the premises by the Learned Rent Controller Court. However, in the fourth identical eviction petition, the Order dtd. 5/2/2020 passed by the Learned Rent Controller is unreasonably different. It is further contended that on 10/3/2018, an election of the Managing Committee of the Society was conducted and an application was filed on 25/8/2018 for the substitution of the Management Members Committee which was allowed. Therefore, the transfer of power happened much before the impugned Order passed on 5/2/2020.