MISS RUBINA SULTAN vs MOHD SHAFI & ANR

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 28.10.2025 Judgment delivered on: 18.12.2025 + RC.REV. 213/2018 & CM APPL. 42342/2025 MISS RUBINA SULTAN .....Petitioner Through: Mr. Naved Yar Khan, acting as next- friend of petitioner via video- conferencing. Mr. Jai Sahai Endlaw, Advocate (Amicus-Curiae) with Mr. Ashish Kumar, Advocate. versus MOHD SHAFI & ANR .....Respondents Through: Mr. Rambhakt Agrawal, Ms. Azka Ahmed and Mr. Ashu Sharma, Advocates for the respondents. HON‟BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T The petitioner (eviction petitioner before the learned Rent Controller) has approached this court in a revision petition under section 25-B(8) of the Delhi Rent Control Act 1958 („DRC Act‟), challenging order dated 19.03.2018 passed by the learned Pilot Court, Central District, Tis Hazari Courts, Delhi in CIS bearing No.1085/17, by which the learned Rent Controller has allowed an application filed by the respondents („tenants‟) under Order VII Rule 11 of the Code of Civil Procedure 1908 („CPC‟); and has “dismissed as rejected” the eviction petition filed on the ground of bona-fidé requirement. At the same time Signature Not Verified Signed By:ANJALI KAUSHIK Signing RC.REV. 213/2018 Page 1 of 22 Date:18.12.2025 14:31 the learned Rent Controller has also dismissed the respondents‟ leave-to- defend application, for having been filed beyond the statutory period of 15 days prescribed in the Third Schedule read with section 25-B(4) of the DRC Act. PETITIONER’S SUBMISSIONS 2. The petitioner is presently represented by her brother, Mr. Naved Yar Khan, who is purporting to act as her „next friend‟. However, as discussed in the present judgment, the eligibility and correctness of appointing Mr. Khan as the petitioner‟s next friend,