The Delhi High Court has ruled that if a tenant is not present at the rented premises, the summons must be delivered to an alternate address.
Title: Amrit Lal Wadhera versus Saroj Suneja
+ RC.REV. 292/2018 & CM APPL. 26348/2018
Decided on: 18 December 2023
CORAM: HON’BLE MR. JUSTICE DHARMESH SHARMA
Facts:
It is the case of the petitioners that they were carrying out their business activities from the tenanted premises, however, it was closed for sometime since petitioner No.1 was unable to do any business activity as he is an old man of more than 78 years of age who was suffering from various old age ailments. The petitioners used to pay rent to Shri Dilbagh Rai Suneja but after his demise, Smt. Saroj Suneja collected the rent on a monthly basis. The petitioners alleged that the respondent then pressurized them to pay the rent in advance post which rent was paid in advance for 3 to 6 months.
The respondents filed an eviction petition under Section 14(1)(e) read with Section 25B of the DRC Act against the petitioners in respect of the tenanted premises on 17.08.2017 and the present petition impugns that order.
Laws Involved:
Delhi Rent Control Act,
25.B Special procedure for the disposal of applications for eviction on the ground of bona fide requirement.-
(8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section: Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit.
Indian Constitution
Article 227– Power of superintendence over all courts by the High Court
Issue:
Whether the impugned order is liable to be set aside due to fraud played upon the Court?
Courts decision and Analysis:
This Court finds that the impugned order cannot be sustained in law. A bare perusal of the eviction petition shows that alternate address of the petitioners was not indicated. Therefore, the impugned order dated 02.11.2017 is set aside.
The matter is remanded back to learned Trial Court for further proceedings as per law. The petitioners shall not be liable to pay the rent from the date of dispossession from the tenanted premises till its restoration. The present petition along with pending application stand disposed of accordingly.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aditi