MUKESH KUMAR Vs. KAMLESH DEVI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution, the petitioner assails an order dtd. 21/10/2021 passed by the Rent Control Tribunal, being the Principal District and Sessions Judge, West District, Tis Hazari Courts, Delhi [hereinafter, "the Tribunal"] in RCT No. 12/2019 [Smt. Kamlesh Devi vs. Shri Sri Ram Jindal & Anr.]. By the impugned order, the Tribunal has allowed the appeal of the defendant no. 1 herein, against an order of the Additional Rent Controller [hereinafter, "ARC"] dtd. 8/2/2019, by which her application under Order IX Rule 13 of the Code of Civil Procedure, 1908 [hereinafter, "CPC"] was dismissed.

(2.) The petitioner and the respondent no. 2 herein [hereinafter, "landlords"] filed eviction proceedings against the respondent no.1 herein [hereinafter, "tenant"] on 21/1/2011 under Sec. 14(1)(h) of the Delhi Rent Control Act, 1958 [hereinafter, "the Act"] in respect of the suit property [WZ-1393, Nangal Raya, New Delhi] [hereinafter, "the suit property"]. The landlords claimed that the tenant was in possession of the suit property at a rent of ?1,400/- per month which had not been paid since 1/6/2005. They also claimed that she had acquired vacant possession of another property.

(3.) The eviction proceedings were proceeded ex-parte against the tenant, recording that she had failed to appear despite service of summons. After examination of the petitioner, the Trial Court allowed the eviction petition under Sec. 14(1)(h) of the Act, by a judgment dtd. 30/4/2012.