Smt. Harcharan Kaur vs Shri Balbir Singh Rana
2011 Latest Caselaw 4662 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 21.09.2011


+                     CM (M) No. 1417/2005


SMT. HARCHARAN KAUR,                           ...........Petitioner
                 Through:           Mr. J.C. Mahindro, Advocate.

                      Versus

SHRI BALBIR SINGH RANA                         ..........Respondent
                   Through:         Mr. Rajender Dutt, Advocate.

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

    1. Whether the Reporters of local papers may be allowed to
       see the judgment?

    2. To be referred to the Reporter or not?              Yes

    3. Whether the judgment should be reported in the Digest?
                                                         Yes

INDERMEET KAUR, J. (Oral)

1 Arguments had been addressed at length; learned counsel

for the petitioner has pointed out that the sale deed Ex. AW-1/1

clearly evidenced the fact that Harcharan Kaur had purchased

this property; contention is that the FIR which had been

registered at the behest of the complainant pursuant to which

challan had been filed against Harcharan Kaur and others i.e. FIR

No. 15/2001 under Sections 420/465/467/468/471/120-B IPC has

also now been disposed of by a decision of 16.08.2008 of the

competent Court at Amritsar; all the accused persons including

Harcharan Kaur have since been acquitted and this is a well

reasoned judgment. Copy of this Judgment had been placed on

record. Learned counsel for the respondent states that the

judgment of the Criminal Court is not binding upon the Civil Court

and no cognizance can be taken of the facts which have been

detailed in the said order.

2 Be that as it may, after some arguments with the consent of

counsel for both the parties, it has been agreed upon that this is a

fit case where the matter be remanded back to the RCT who shall

on the basis of evidence already available before the Court re-

examine the evidence and pass a reasoned and speaking order on

the eviction petition of the landlord.

3 With these directions, this petition is disposed of.

4 The parties are directed to appear before the concerned

Court of Rent Control Tribunal on 12.10.2011 at 10:30 AM.

INDERMEET KAUR, J.

SEPTEMBER 21, 2011 a