NAND KISHORE Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) BY this petition, under Article 227 the petitioner has assailed an order dated 7th March, 2007 passed by the learned Additional Rent Controller tribunal. This petition is a glaring example how the judicial process can be misused by a litigant and how different forums were used by the petitioner one after another to perpetuate his occupation of property. The petitioner suffered an eviction order in eviction case no. E-96/2003 under Section 14 (1) (b) of Delhi rent Control Act on 15th September, 2005 at the hands of learned Additional Rent controller. Against this order, the petitioner preferred an appeal before the learned Additional Rent Control Tribunal. This appeal was dismissed by the learned Additional Rent Control Tribunal vide its order dated 11th September, 2006. Against the order of learned Additional Rent Control Tribunal, the petitioner approached this Court under Article 227 of the Constitution of India by CM (M) No. 1671/2006. The CM (Main) petition was dismissed by this Court vide order dated 18th October, 2006 observing that the order of the learned additional Rent Control Tribunal did not suffer from illegality or jurisdictional error. After dismissal of this petition by the High Court the petitioner went back to the Additional Rent Control Tribunal and filed a review application of the order dated 11th September, 2006 of the Additional Rent control Tribunal. This review application was filed on 19th February, 2007 along with an application for condonation of delay. The learned Additional Rent control Tribunal dismissed the review application on merits vide its order dated 7th March, 2007 and now the petitioner has again approached this Court by way of civil Miscellaneous (Main) petition challenging the order passed on review application.

(2.) IN M/s Kabari Pvt. Ltd. v. Shivnath Shoroof and Ors. AIR 1996 SC 742, the Supreme Court held as under:

(3.) IN view of this judgment of the Supreme Court, no review application could have been filed by the petitioner, nor it could have been entertained by the learned Additional Rent Control Tribunal. The petitioner had already taken recourse to filing of a CM (Main) petition under Article 227 of the constitution of India before this Court and this Court after considering the order of the Court below, upheld the same.