SRI RAM GUPTA vs LALIT KUMAR AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18th December 2024 Pronounced on: 23rd January 2025 + CM(M) 595/2017 & CM APPL. 20278/2017 SH. SRI RAM GUPTA (SINCE DECEASED) THROUGH HIS LEGAL HEIRS SH. SUIMT GUPTA & ORS. .....Petitioners Through: Mr. Rajesh Banati, Mr. Ashish Sareen, Mr. Harsh Gupta, Mr. Aditya Mish ra and Mr. Ankit Banati, Advocates. Versus LALIT KUMAR & ORS. .....Respondents Through: Mr. Vipin Nandwani, Adv. for R-1. Mr. Ayush and Mr. Nitin Kumar, Advs. For R-2 & 3. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. Present petition under Article 227 of the Constitution of India impugns the order dated 03.04.2017, passed by the court of learned District & Sessions Judge, South District, Saket Courts in RCT No. 42/2016, titled as “Shri Lalit Kumar Vs. Shri Sri Ram Gupta & Ors.” Signature Not Verified Digitally Signed By:SUNITA KUMARI CM (M) 595/2017 Signing Date:23.01.2025 Page 1 of 9 16:30:49 2. Brief background of the case is that petitioner Sh. Sri Ram Gupta, now deceased, owner of superstructure of the building bearing No. 8, Main Market, Yusuf Sarai, New Delhi, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1995 [“DRC Act”] against the tenants i.e. respondents No. 2 & 3 in the year 2012. 3. Respondents No. 2 & 3 filed an application for leave to defend, which was allowed by the Court. Thereafter, both parties completed their respective evidence and the matter was listed for final arguments. 4. Respondent No. 1 filed an application under Order 1 Rule 10 CPC for impleadment in the eviction proceedings. 5. Vide order dated 25.05.2016, learned Additional Rent Controller [“ARC”] (South) Saket, dismissed the application moved by respondent No. 1 under Order I Rule 10 CPC. 6. Against t