RAM BETI Vs. SUMESH PRASHAD

JUDGEMENT

(1.) . The present petition, filed by the petitioners, under Article 227 of the Constitution of India, is directed against the order passed by Shri H.S. Sharma, Additional Rent Controller, Delhi on 2.12.95 and confirmed in appeal by Ms. Sharda Aggarwal, Rent Controller, Delhi vide order dated 10.1.1996. The facts relevant for the disposal of the present petition lie in a narrow compass. Shri Sumesh Prasad (respondent No.1) had filed an eviction petition under Section 14(l)(e) read with Section 25 B of the Delhi Rent Control Act, 1958 against one Shri Roop Kishore. During the pendency of the eviction proceedings said Shri Roop Kishore expired leaving-behind three sons and one widow. However, the landlord i.e. said Shri Sumesh Prashad (respondent No.1) impleaded only Shri Ram Kishore, one of the sons of the deceased Shri Roop Kishoreas the respondent and a decree for eviction was passed in those proceedings against said Shri Ram Kishore. Thereafter execution was filed on 28.9.93 and in the execution proceedings warrant of possession was ordered to be issued. In the execution, the petitioners filed objections. The petitioners were directed to lead evidence in support of their objections. They availed of a number of opportunities but did not produce any evidence with the result that their evidence was closed on 29.9.95 and the objections were also dismissed vide order dated 13.10.95.

(2.) . The petitioners/objectors moved an application for the review of order dated 13.10.95 on the ground that the petitioners/objectors were misled as they had noted the wrong date of hearing. The above said application of the petitioners/objectors for the review of order dated 13.10.95 was dismissed by the learned Additional Rent Controller on 2.12.95. Against the above said order the petitioners filed an appeal (RCA No. 1086/95 - Smt. Ram Beti & Ors. Vs. Shri Sumesh Prasad & Ors.) before the learned Rent Control Tribunal, which was dismissed by the learned Rent Control Tribunal in limine vide order dated 10.1.96.

(3.) . Feeling aggrieved the petitioners have filed the present petition under Article 227 of the Constitution of India. Notice of the petition was given to the respondents and only respondent No.l, who entered appearance through his Advocate, has contested the present petition. '