MAN SINGH Vs. KAUSHALIA DEVI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India arises from the order of eviction of the petitioner/tenant under Section 14 (1) (b) of the Delhi rent Control Act, 1958. The statutory appeal under Section 38 of the Act preferred by the petitioner/tenant to the Tribunal has also been dismissed. CM (M) No. 1474/2007 Page 1 of 7 Both the courts below have returned a concurrent finding of fact of the petitioner/tenant having sublet /assigned and/or parted with possession of the tenancy premises and thus having incurred liability for eviction under Section 14 (1) (b) supra.

(2.) NOTICE of this petition was issued to the respondent/landlord on 16th november, 2007 and the operation of the order of eviction stayed. On 15th september, 2008, the counsel for the petitioner informed that the petitioner had died in the first week of August, 2008 and application for substitution of legal representatives shall be filed. On the next date i. e. 18th December, 2008 though CM No. 17836/2008 for substitution had been preferred but this Court held that the application for substitution had been field beyond the prescribed time and the petition preferred to this Court stood abated in the absence of any application for setting aside of the abetment. The petition under Article 227 of the Constitution of India was thus dismissed as having abated.

(3.) EVEN though the order dated 18th December, 2008 had been made in the presence of the counsel for the petitioner but the legal representatives of the petitioner, after waiting for more than three months of the dismissal of the petition, on or about 9th or 10th April, 2009 filed applications being CM Nos. 5228/2009 and 5229/2009 before this Court for setting aside of the abatement and for condonation of delay in moving the said applications. The said applications came before this Court first on 16th April, 2009 when notice thereof was ordered to be issued to the respondents for 21st october, 2009. On 21st October, 2009 the applications as well as the CM (M) was ordered to be listed for 27th October, 2009. On 27th October, 2009 the counsel for the petitioner as well as the counsel for the respondent informed that the order of eviction had been executed on 21st October, 2009 itself and the respondent had taken over possession.