SUKHDEV RAI KAUSHAL Vs. GOKAL CHAND MITTAL

JUDGEMENT

(1.) As per the pleaded facts, one Shamir Chand was the owner of SCF No.21, Sector 18-C, Chandigarh (demised premises). He had inducted the petitioner as a tenant in the demised premises in the year 1962. The said Shamir Chand executed a Will dated 13.04.1963 in favour of five sons (including the petitioner) and the widow of his deceased son namely Qabul Chand. The eviction petition was filed on 18.12.1980 against the petitioner on behalf of the six legatees. Initially the above said eviction petition 'was filed in the Court of Rent Controller, Chandigarh; however, the petitioner had moved Hon'ble the Supreme Court for transfer of this eviction petition from Chandigarh to some other place and Hon'ble the Supreme Court had transferred the eviction petition from Chandigarh to Delhi. Ultimately, the eviction petition was decided by the Rent Controller, Delhi on 03.03.1986 ordering eviction of the petitioner from the demised premises. The petitioner filed an appeal against the aforesaid order of the Rent Controller, Delhi before the Rent Controller Tribunal, Delhi, which was also dismissed on 18.05.1989. Thereafter, the petitioner filed a revision petition against the aforesaid two orders of the Authorities under the Rent Act in the High Court of Delhi, however, the said revision petition was subsequently transferred by the Hon'ble Supreme Court from Delhi to Chandigarh. The Civil Revision No.1583 of 1992 was dismissed by this Court on 30.05.2009.

(2.) At this stage, it may be noticed that the petitioner had filed Civil Misc. Nos.21333-34-CII of 2007 for bringing to the notice of this Court that he had purchased about 70 percent share of the demised premises from some of the co-sharers and the said fact be taken note of. Vide order dated 23.01.2008, the said applications were ordered to be heard along with the main case.

(3.) According to the petitioner, while dismissing the Civil Revision finally on 30.05.2009, this Court did not make reference to the aforesaid Civil Misc. applications despite the order dated 23.01.2008.