MOHD. GULFAM Vs. MOHD. KHALIL

JUDGEMENT

(1.) BY way of present revision petition challenge has been made to order dated 12.03.2012 whereby learned Additional Rent Controller has dismissed the leave to defend application of the petitioners in eviction petition No. E-28/2011 and eviction order has been passed against them under Section 14(1)(e) of the Delhi Rent Control Act.

(2.) BACKGROUND of the case is as under:-

(3.) LEARNED counsel for the petitioners has submitted that in the said Revision Petition the statement was made by only Mohd. Irfan. The petitioners herein did not instruct the said Mohd. Irfan to give any undertaking on their behalf to vacate the tenanted shop as such the undertaking given by him cannot be considered as undertaking on behalf of all the petitioners. It is stated that the impugned eviction order dated 12.03.2012 is illegal and triable issue was raised by the petitioners in leave to defend application as such the impugned order is liable to be set aside.