YANISH KUMAR vs GOVT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2030/2026 and CM APPL. 9941/2026, CM APPL. 9942/2026, CM APPL. 9943/2026 Date of Decision: 12.02.2026 IN THE MATTER OF: YANISH KUMAR .....Petitioner Through: Petitioner in person. versus GOVT OF NCT OF DELHI & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The instant petition is for quashing of decree dated 14.08.2024, passed by the Rent Controller with respect of Shop bearing No. 9062/57, Rambagh, Azad Market, Delhi (hereinafter „subject premises’). 2. The petitioner submits that he was in continuous possession of the subject premises and the same has been used by his family for their livelihood for decades. The respondents had instituted proceedings before the Rent Controller in respect of the subject premises against one Ramesh Kumar who according to the petitioner is a stranger to the said property. The Rent Controller had allowed the respondents‟ claim and passed the impugned decree. The petitioner claims that no notice was served on him in Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:17.02.2026 By:PURUSHAINDRA 19:39:13 KUMAR KAURAV the said proceedings and the decree has been obtained by fraud. Execution proceedings have been initiated with respect of the impugned decree. Thereafter, upon his forceful dispossession on 27.06.2025, the petitioner claims to have become aware of the eviction proceedings. Subsequent to it, he filed objection in to the execution proceedings. The petitioner has also filed a civil suit. 3. Having considered the nature of the averments, this Court finds that by virtue of Section 42 of the Delhi Rent Control Act, 1958, a decree passed by the Rent Contr