Delhi High Court
Raghubir Kaur (Since Deceased ) ... vs Suresh Kumar on 10 December, 2020
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.12.2020
+ CM(M) 527/2020
RAGHUBIR KAUR (SINCE DECEASED ) THROUGH LRS
..... Petitioner
versus
SURESH KUMAR ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Ashok Gurnani, Advocate.
For the Respondent: Ms. Amrit Kaur Oberoi, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM (M) 527/2020 & CM APPL.27196/2020 (under Order 22 Rule
3)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 07.10.2020, whereby,
application of the petitioner seeking leave to withdraw the appeal with
liberty to file a revision petition has been partly allowed inasmuch as
the appeal has been dismissed as withdrawn, without granting any
express liberty to file a revision petition.
3. Petitioner had filed an eviction petition under Section 14(1)(e)
read with section 25B of the Delhi Rent Control Act, which petition
was dismissed by order dated 05.06.2018.
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.12.2020 22:13:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Impugning the order dismissing the eviction petition, petitioner
filed the subject appeal before the Rent Control Tribunal under
Section 38 of the Delhi Rent Control Act.
5. During arguments in the appeal, written arguments were filed
by the respondent contending that an appeal was not maintainable and
the remedy of the petitioner was only by way of a revision petition
under Section 25B(8) of the Delhi Rent Control Act.
6. Faced with the objection taken in the written arguments,
petitioner filed the subject application seeking permission to withdraw
the appeal with liberty to file a revision petition.
7. Learned counsel for the petitioner submits that in view of the
fact no express liberty has been granted to the petitioner, petitioner
would be precluded from filing a revision petition.
8. This is disputed by learned counsel for the respondent, who
submits that the remedy of the petitioner was to file a revision petition
under Section 25B(8) of the Delhi Rent Control Act because Section
25 B is a separate Code in itself and it expressly provides for a remedy
of the revision against the order allowing or dismissing an eviction
petition filed under Section 14(1)(e) read with Section 25B of the
Delhi Rent Control Act.
9. In my view the petitioner has filed the present petition merely
on an apprehension that his revision petition is not likely to be
entertained, if filed.
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.12.2020 22:13:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
10. It is a settled position that against an order dismissing an
eviction petition filed under Section 14(1)(e) read with Section 25B of
the Delhi Rent Control Act, remedy is only by way of a revision
petition under Section 25B(8) of the Delhi Rent Control Act.
Petitioner appears to have been incorrectly advised to file an appeal
and since the appeal itself was not maintainable, nothing prevents the
petitioner from filing a revision petition under Section 25B(8) of the
Delhi Rent Control Act. Petitioner does not need express permission
or leave to file a revision under Section 25B(8) of the Delhi Rent
Control Act.
11. In my view, no express leave or liberty is required by the
petitioner to file a revision petition after withdrawing his appeal which
was filed before a wrong forum especially in view of the objections
specifically having been taken by the respondent that the appeal was
not maintainable and only a revision under Section 25B(8) of the
Delhi Rent Control Act would lie required.
12. The impugned order does not require any interference. Petition
is dismissed with the above observation.
13. Copy of the judgment be uploaded on the High Court website
and be also forwarded to learned counsels through email.
DECEMBER 10, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.12.2020 22:13:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
