SHRI BRIJ BEHARI SHARAN (SINCE DECEASED) THROUGH LRS vs SANJAYMALHOTRA (SINCE DECEASED) THROUGH LRS

Judgment text excerpt

$~126 & 127 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd July, 2025 + CM(M) 1317/2025 & CM APPL. 43585-43587/2025 SHRI BRIJ BEHARI SHARAN (SINCE DECEASED) THROUGH LRS .....Petitioner Through: Ms. Poonam, Ms. Aditi Gupta and Mr. Atul Kumar, Advocates. versus SANJAYMALHOTRA (SINCE DECEASED) THROUGH LRS .....Respondent Through: None. + CM(M) 1318/2025 & CM APPL. 43588-43590/2025 SHRI BRIJ BEHARI SHARAN (SINCE DECEASED) THROUGH LRS AND ANR .....Petitioner Through: Ms. Poonam, Ms. Aditi Gupta and Mr. Atul Kumar, Advocates. versus SANJAY MALHOTRA (SINCE DECEASED) THROUGH LR MS. ANITA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Both the petitions are between the same parties and raise similar issue and, therefore, these have been taken up together. 2. The petitioners herein are landlords who had filed separate eviction petitions on the ground of non-payment of rent and causing substantial damage to the tenanted premises. Signature Not Verified Digitally Signed CM(M) 1317/2025 & CM(M) 1318/2025 1 By:DINESH CHANDRA Signing Date:24.07.2025 16:05:25 3. Learned Controller, vide order dated 08.01.2021, rejected both the petitions observing that the tenanted premises were situated in slum-notified area and, therefore, eviction petitions were barred under Section 19 of Slum Areas (Improvements and Clearance) Act, 1956 as no permission was sought from the concerned Competent Authority. 4. Such orders have been challenged by the landlords by filing appeals under Section 38 of Delhi Rent Control Act, 1958 and such appeals are pending adjudication before the learned Rent Control Tribunal. 5. During the pendency of the abovesaid appeals, the landlords moved application(s) seeking eviction order against the wife of the