LAWS(DLH)-2008-2-423

K.L. DIWAN Vs. MOHAN MALHOTRA

Decided On February 29, 2008
Shri K.L. Diwan and Ors. Appellant
V/S
Mohan Malhotra and Anr. Respondents

JUDGEMENT

(1.) C.M. No. 3068/2008

(2.) ALLOWED , subject to all just exceptions.

(3.) THIS petition has been preferred under Article 227 of the Constitution of India by the petitioner against the order dated 13.2.2008 passed by the Additional Rent Control Tribunal (for short 'ARCT') Rohini Courts, Delhi in RCA No. 44/2006. By the impugned order the petitioner's appeal under Section 38 of the Delhi Rent Control Act (the Act) against the order dated 3.11.2006 passed by the Additional Rent Controller, (ARC for short), has been dismissed. The learned ARC had dismissed the petitioner's objections under Section 25 of the Act to the execution of an eviction order passed under Section 14(1)(e) of the Act in favour of respondent No. 1, Shri Mohan Malhotra against the judgment debtor, who is respondent No. 2 herein viz. Shri Ravi Diwan.