PAWAN KUMAR Vs. KRISHNA DWIVEDI

JUDGEMENT

(1.) This petition is directed against the order dated 14th January, 2004 of the Additional Rent Control Tribunal (for short "the Tribunal" ), whereby the learned Tribunal has allowed the landlord to withdraw his suit for eviction under Section 14(i)(g) of the Delhi Rent Control Act.

(2.) The facts of the case are that two petitions were filed by Smt.Krishna Dwivedi under Section 14(i)(g) of the Delhi Rent Control Act against Surinder Kumar and Pawan Kumar with respect to tenanted premises No. 248, Sant Nagar, New Delhi - 65. Both petitions were taken up together and disposed by a common order dated 28th September, 2002, of the Additional Rent Controller (for short "the Controller"), wherein the Controller has passed an order of eviction directing the landlord to rebuild the premises within four months and in default thereof, to pay Rs.10,000/- per month by way of compensation. Being aggrieved of this order of the Controller, both the parties filed appeals before the Tribunal. The Tribunal has allowed the landlady to withdraw the suit.

(3.) Surinder Kumar moved this Court against the order dated 14th January, 2004 of the Tribunal by way of a petition being CM(M) 190/2004, which was disposed of as having been withdrawn, thereby the order passed qua Surinder Kumar became final. However, the petitioner herein has challenged the order dated 14th January, 2004 by way of this petition being CM(M) 340/2004.