D. P. Mohapatra, J. - (1.) Leave granted.
(2.) The core question that arises for determination in this case is whether the Additional Rent Controller, Delhi, in the facts and circumstances of the case, was right in refusing leave to contest the prayer of eviction to the appellant. The parties are related to each other. The appellant is the nephew of the respondent. The dispute relates to the property No.5A/11004, Gali No. 7, WEA Sat Nagar, Karol Bagh, Delhi, which is a residential premises. The proceedings before the Rent Controller was initiated on the application filed by the respondent under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (for short 'the Act') seeking eviction of the appellant on the ground of bona fide requirement of the landlord for occupation by himself and his family members. In the said proceeding, the appellant filed an application under Section 25 (B) of the Act seeking leave to contest the prayer for eviction. The application filed by the appellant under Section 25 (B) was rejected and the petition filed by the respondent for eviction of the appellant was allowed vide the order dated 20th March, 1998 of the Additional Rent Controller, Delhi. The operative portion of the order reads thus : "In view of the above discussion and for the reasons given therein, I am of the considered view that the respondent has failed to put forth any fact/triable issue which require recording of evidence. Therefore, application under Section 25B (5) of DRC Act for grant of leave to defend is dismissed. Accordingly, eviction order is passed in favour of the petitioner and against the respondent qua the suit premises No. 5A/11004 (Quarter No. 167) Ground Floor, Gali No. 7 WEA Sat Nagar, Karol Bagh, New Delhi more specifically shown in red colour in the site plan which is now Ex.C1. However, this order shall not be executable before expiry of the period of six months from today. File be consigned to RR."
(3.) The Revision Petition filed by the appellant against the said order was dismissed by the High Court by the order dated 1st September, 1998. The operative portion of the order is extracted hereinbelow : "The pleas which have been raised by learned counsel for the petitioner are already being examined by Civil Court for which the petitioner will be at liberty to move for appropriate orders of stay or directions in respect of alleged dispute between the parties. The respondent shall be at liberty to resist the same by taking out proceedings in accordance with law. The present petition, in view of the above, is dismissed with the liberty as aforesaid." ;