Kanhaiya Lal vs Usha Devi
2012 Latest Caselaw 580 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                          Date of Judgment: 27.01.2012


+             R.C.R. No.197/2010 & CM Nos.14991-92/2010


KANHAIYA LAL                                ..... Petitioner
                       Through:    Mr. M.K.Srivastava, Advocate.

                  versus


USHA DEVI                                      ..... Respondent
                       Through:    None.


      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (Oral)

1 Order impugned before this Court is the order dated

17.04.2010 wherein the eviction petition filed by the landlady

Smt. Usha Devi under Section 14-D of the Delhi Rent Control Act

(DRCA) had been decreed in her favour. The application seeking

leave to defend filed by the tenant had been dismissed.

2 It is not in dispute that the possession of the said premises

has since been taken by the landlady and this has also been

recorded in the order of this Court dated 30.03.2011. This petition

is pending before this Court since 20.08.2010. The only contention

urged by learned counsel for the petitioner is that the petition

under Section 14-D was not maintainable as these premises had

not been let out by the landlady herself or by her husband which

is pre-requisite for eviction decree under Section 14-D of the

DRCA; these premises had been let out by her father-in-law.

Admittedly this argument now sought to be urged did not find

mention in the application for leave to defend filed by the tenant.

This argument not being a part of the pleadings cannot be raised

now. The impugned order has not been assailed on any other

ground. The impugned judgment calls for no interference as the

argument now urged cannot be entertained at this stage not being

a part of the pleadings. Petition is without any merit.

Dismissed.

                                    INDERMEET KAUR, J
JANUARY       27, 2012
A