SC declines to interfere in Delhi HC order on tenant-landlord dispute case
Feb 12, 2022
New Delhi [India], February 12 : The Supreme Court on Thursday refused to interfere with the Delhi High Court order dismissing a plea with a fine of Rs 50,000 against a company in connection with eviction from a tenanted premise.
"We are not inclined to interfere with the impugned judgment passed by the High Court. Special Leave Petition is dismissed," said a bench of justices Abdul Nazeer and Aniruddha Bose.
The top court was hearing the company plea challenging a Delhi HC order. The Delhi High Court had dismissed a plea with a cost of Rs 50,000 against the petitioner observing that "dishonest litigants cannot be allowed to abuse the process of the Court."
The HC had also said that the conduct of the petitioner itself would disentitle the petitioner of any relief in the present petition.
The HC had rejected the plea of the company challenging the order dated November 18, 2021, passed by the Additional Rent Controller (ARC), Central District, Tis Hazari Courts, Delhi, whereby the Executing Court has issued warrants of execution in respect of the order/decree dated July 12, 2010.
On July 12, 2010, the ARC allowed the eviction petition filed by the landlord as the tenant failed to file the leave to defend. However, in terms of settlement arrived at between the tenant and landlord, 10 years' time was granted to the tenant to vacate the tenanted premises. Upon expiry of 10 years, the landlord filed the execution petition from which the present petition arises.
Further, in the order dated November 18, 2021, passed by the Executing Court, request of the tenant to file a reply to the execution petition was rejected and warrants of execution of the order/decree dated July 12, 2010, were issued after noting that no appeal/revision has been preferred by the tenant against the order/decree dated July 12, 2010.
The court was dealing with a petition filed by the tenant against his landlord seeking eviction from tenanted premises in Ajmeri Gate. The petitioner company has challenged an order dated November 18, 2021, passed by the Additional Rent Controller in Tis Hazari Courts, whereby the Executing Court has issued warrants of execution in respect of the order/decree dated July 12, 2010.
The respondent landlord was represented by advocates Prabhav Ralli and Shivaz Berry.
