LT COL ATUL CHAUDHARY vs SMITA CHAUDHRY AND ORS

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd September, 2025 + CM(M) 2619/2024 LT COL ATUL CHAUDHARY .....Petitioner Through: Mr. N.S. Rao, Advocate along with petitioner-in-person (Through VC) versus SMITA CHAUDHRY AND ORS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. An eviction petition was filed on several grounds i.e. under Section 14 (1)(a), (b), (c), (e), (j) & (k) of Delhi Rent Control Act, 1958 whereby the concerned landlord i.e. Ms. Samita Chaudhary and five others were seeking eviction of their tenants from the tenanted premises situated at 733, Church Mission Road, Fatehpuri, New Delhi i.e. Hotel Astoria. 2. The aforesaid eviction petition was disposed of by the learned Controller vide judgment dated 26.10.2021 whereby the eviction was ordered only on the ground of subletting i.e. under Section 14(1)(b) of Delhi Rent Control Act, 1958 and it was dismissed qua the other grounds. 3. Feeling aggrieved by the aforesaid eviction order passed under Section 14(1)(b) of Delhi Rent Control Act, 1958, the concerned tenant filed an appeal which was registered as RCT No. 42/2021. 4. When the aforesaid appeal was taken up by the learned Rent Control Tribunal on 25.08.2023, the appellant prayed for withdrawal of her such appeal by moving an application. Simultaneously, there was also a request Signature Not Verified Digitally Signed CM(M) 2619/2024 1 By:DINESH CHANDRA Signing Date:08.09.2025 13:08:05 coming from the side of Lt. Col. Atul Chaudhary (petitioner herein) that he had already moved an application seeking his intervention in the aforesaid appeal and prayed that his application moved under Order I Rule 10 CPC may also be considered. Fact remains that a similar request had been made by him when