SHIV LAL Vs. OM PARKASH KASHYAP

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 24th March, 2018 by which the appeal filed by the Respondent/Tenant (hereinafter, "Tenant") has been allowed and the eviction order dated 28th January, 2017 passed under Section 14(1)(a) of the Delhi Rent Control Act, 1958 has been set aside by the Appellate Court.

(2.) The brief background is that the Petitioner/Landlord (hereinafter, "landlord") had filed a petition under Section 14(1)(a) of the Delhi Rent Control Act seeking eviction of the tenant. The said petition came to be allowed vide order dated 27th March, 2017. A perusal of the said order reveals that the tenant never took an objection that the property is a slum and the same falls under the Slum Areas (Improvement and Clearance) Act, 1956. In appeal against the eviction order, an application under Order XLI Rule 27 CPC has been moved and during the course of arguments in the appeal, the said application has been taken on record. The affidavit of one Mr. Manohar Lal, Survey Officer, Delhi Urban Shelter Improvement Board is relied upon to hold that the area falls under a slum area, and since permission under Section 19 of the Slum Areas Act was not sought, the eviction itself was set aside.

(3.) Ld. counsel appearing for the landlord submits that there is a doubt as to whether the area where the property is located is a slum area. He relies upon the affidavit of Mr. Manohar Lal, as also the reply dated 21st December, 2011 to an RTI application, to state that the notification of 1960 even shows that the colony Aram Nagar was, in fact, excluded from the slum area.