HARI SHANKER Vs. GOBIND PARSHAD JAGDISH PARSHAD
SUPREME COURT OF INDIA (FROM: DELHI)
Gobind Parshad Jagdish Parshad
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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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