HARI SHANKER Vs. GOBIND PARSHAD JAGDISH PARSHAD
LAWS(SC)-2002-1-10
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on January 25,2002

HARI SHANKER Appellant
VERSUS
Gobind Parshad Jagdish Parshad Respondents


Referred Judgements :-

G RAJ MALLAIAH VS. STATE OF ANDHRA PRADESH [REFERRED]



Cited Judgements :-

STATE OF RAJ VS. REVTI PRASAD [LAWS(RAJ)-2005-12-59] [REFERRED TO]
MANAGER AND PRINCIPAL VS. STATE OF KERALA; MAHATMA GANDHI UNIVERSITY AND REGISTRAR [LAWS(KER)-2007-12-70] [REFERRED]
MANAGER ASSUMPTION COLLEGE VS. STATE OF KERALA [LAWS(KER)-2007-12-25] [REFERRED TO]
DEPUTY COMMISSIONER, WILLIAM-NAGAR VS. MONEN SANGMA [LAWS(MEGH)-2019-5-10] [REFERRED TO]


JUDGEMENT

SYED SHAH MOHAMMED QUADRI - (1.)HEARD Mr. Dushyant Dave, learned senior counsel on behalf of the appellant and Dr. A.M. Singhvi, learned senior counsel on behalf of Respondent No. 1.
(2.)LEAVE is granted.
These appeals are directed against the judgment and order of the High Court in C.M. nos. 722-724 of 2000 in S.A.O. no. 365 of 1987 passed by the High Court of Delhi at New Delhi.

(3.)THE appellant is a tenant of premises Nos. H-18 and 19. Gobind Mansion, Connaught Circus, New Delhi of which the first respondent is the landlord. On 18/01/1985, the appellant suffered an order of eviction from the additional rent controller on the ground that he sub-let the premises - a ground available to the first respondent - the landlord to seek eviction under S. 14 (1) (b) of Delhi Rent Control Act. The appellant carried the matter in appeal before the rent control tribunal. The tribunal, by its order dated 22/07/1987, reversed the order of the additional rent controller and allowed the appeal of the appellant. The first respondent filed the above-mentioned second appeal from order (SAG) no. 3G5 of 1987 on 15/12/1987. On 11/09/2000, when the second appeal came up for hearing, the name of the advocate of the appellant was not shown in the 'cause list'. Consequently, the appellant went unrepresented. The learned single judge of the High Court, who dealt with the appeal, allowed the appeal ex parte and set aside the order of the rent control tribunal. The appellant then filed applications being C.M. Nos. 722-24 of 2000 for condonation of delay and for setting aside the ex parte order dated 1 1/09/2000. These applications were dismissed on 11/01/2001. It is against that order, that the present appeals are filed.


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