FAROOQ KHAN Vs. BITTO

JUDGEMENT

(1.) C.M.No.16135/2014 (for recalling)

(2.) This order was passed because it is clear that the petitioner/tenant was enjoying the benefit of an interim order dated 30.03.2012 staying the operation of eviction and not arguing the main case.

(3.) Although, there is no merit in the main petition in view of the settled law enunciated by the Supreme Court in the judgment in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, 2010 2 SCC 15, it is still prayed in the application that the interim order be revived. Hence instead of reviving the interim order, I have asked the counsel for the petitioner to argue the main petition, and I have heard the arguments of the counsel for the petitioner in the main petition.