Delhi Rent Control Act,1958,
ANKUSH
(Querist) 30 April 2011
This query is : Resolved
Hello
In a eviction petition before Addl. Rent controller under DRC act, 1958 under Bonafide requirement, respondent tenant was granted leave to defend.
During cross examination of petitioner landlord, in heat of arguments, advocate of respondent tenant said that he does not want to further cross examine the petitioner & voluntered to strike off his defence. On his request ARC, concluded cross examination of petitioner & struck off his defence.
On very same day (POST LUNCH) advocate of respondent, moved application for recalling of order before Ld ARC, without disclosing any reason, rather blaming the court mentioning that court was pleased to strike off his defence.
Petitioner filed reply & took plea that since no ground is mentioned in application of respondent & merely to delay the case, he took this step. No merits were there in his recall application. Ld ARC was also referred a case law of Delhi HC judgement (Nand Lal Vs. Vijay Kr. Gupta, Feb'09), which clearly said that ARC not being a civil court, can not review / recall its own order. Hence same was challenged both on question of merits & on question of law.
But ARC after 4 months, pronounced order in favor of respondent tenant, on the ground that same was done in heat of passion & client should not suffer for actions of his advocate. He also relied on an irrelevant judgement (Prithipal Singh Vs. Satpal Singh, SC, 18.12.09), & mentioned in order that ARC can review / recall his own order.
Hence respondent's defence was restored & he as also allowed to further cross examine the petitioner.
What is the recourse to petitioner landlord in this case under DRC Act, CPC, Constitution?
