LAWS(DLH)-2018-4-465

VINOD KUMAR & ANR Vs. AJAY KUMAR SINGHAL

Decided On April 19, 2018
Vinod Kumar And Anr Appellant
V/S
Ajay Kumar Singhal Respondents

JUDGEMENT

(1.) Review Petition No. 307/2016

(2.) The eviction order granted by judgment dated 27.05.2015 was challenged by the tenants by RC. Rev. 374/2015. The said revision petition was heard by a learned single judge (Indermeet Kaur, J) of this Court, and decided by a detailed order dated 20.05.2016. The Court found it difficult to believe the evidence with regard to the averment that the proprietary firm Sidhant Textiles of the wife of the applicant was functional from a tenanted premises taken from Radha Textiles, a number of deficiencies in the evidence oral and documentary, having been highlighted. Against this backdrop, the Court held that the trial court did not consider the evidence in the correct perspective and the findings returned were perverse, the applicant (landlord) having not proved that the need was bona fide. With this conclusion reached, the eviction order passed by the rent controller on 27.05.2015 was set aside and the eviction petition of the applicant was dismissed.

(3.) The review petition at hand was submitted on 01.07.2016 and had come before the learned single judge who had decided the revision petition on 20.05.2016. It has remained pending. The learned single judge who had passed the order, of which review is sought, has demitted office on reaching the age of retirement and, thus, the matter has come up before this Court.