Delhi HC Disposes of Plea, Impugns Adjournment of the Execution Proceedings by an Order of Rent Controller

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Excerpt

The Petitioner raised an 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 quickly conclude the proceedings.

Brief Facts

The Petitioner challenged the adjournment of the execution proceedings by Order dated 3rd September 2020. 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

Advocate on the behalf of the Petitioner submitted that the brother of the tenant Mr Neeraj Gupta had presented before the Court on 3rd September. He contended that he would file objections. Since no objections had been filed by him, he would not challenge as the party in the proceedings. It was 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 the behalf of Respondent contended that Mr Neeraj Gupta had not waived his right to file an objection before the Court as he had been given 2 weeks to file objections. Therefore, his objections are ready and being filed.

Court’s Observation

The Court had observed and stated that the Petitioner was allowed to take up the petition of maintainability of the objections which were 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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