In the matter of Alka Sachdeva v. Seema Gupta & Ors. The petitioner took issue with the adjournment of the execution proceedings by order dated 3rd September 2020, by the Rent Controller. The Delhi High Court disposed of the plea & directed the Rent Controller to conclude the proceeding quickly.
Brief Facts of the Case
The petitioner challenged the adjournment of the execution proceedings by order dated 3rd September 2020, by the Rent Controller. An eviction petition was filed before the court under Section 14(1)(e) of the Delhi Rent Control Act. The court passed the order against the tenants on 26th September 2019.
Arguments Before the Court
Advocate on behalf of the petitioner submitted that the brother of the tenant Mr Neeraj Gupta had presented before the court on 3rd September 2020 and contended that he would file objections. Since he had filed no objections, he would not challenge the party in the proceedings. He also submitted that since Mr Neeraj Gupta had already filed an application under Order 39 Rules 1 and 2, he had waived his right to file an objection before the court.
Advocate on behalf of respondent contended that Mr Neeraj Gupta (brother of tenant Smt. Seema Gupta) had not waived his right to file an objection before the court as he had given two weeks to file objections. Therefore, his objections are ready and being filed.
Court’s Observation
The court stated that the petitioner is allowed to take up the petition of maintainability of the objections filed by Mr Neeraj Gupta on the ground of the alleged waiver and raising the objections.
Court’s Decision
The court disposed of the petition and directed that the Rent Controller shall quickly dispose of the objections which were sought by Mr Neeraj Gupta and conclude the proceedings as soon as possible.
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