PRABHA PATEL Vs. SATINDER SINGH

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act (hereinafter referred to as'the Act') is directed against the decree for possession passed in the proceedings under Section 14(1)(e) of the Act giving six months time to vacate under Section 14(7) of the Act refusing leave to contest under Sections 25-B(4) & (5) of the Act to the respondent/tenant.

(2.) The first limb of the argument on behalf of present petitioner (original respondent/tenant) by Mr. Makhija, learned Counsel is that the earlier petition under Section 14(1)(e) of the Act was withdrawn with liberty to file fresh petition on payment of cost which cost has not been paid even after filing of the second petition; that the second petition could not have been proceeded and the same ought to have been stayed by the Trial Court; that the cost ought to have been paid before the filing of the second petition; that despite the order dated 4.3.1994 by the Trial Court, no actual payment of cost has been made and it was a mere offer to pay and till the date, the cost is not paid.

(3.) As against this, it is submitted by Mr. Vijay Kishan, learned Counsel for respondents, that the petitioner/landlord sought directions for allowing him to pay the cost of Rs. 250.00 imposed on him at the time of granting permission to withdraw the previous petition with liberty to file fresh petition on the same cause of action.