Same judge reviewing his own decision
Swaty Gupta
(Querist) 17 September 2021
This query is : Resolved
Dear Experts,
My family is the tenant of a commercial property since 1949. Few years back a new owner took over and filed for eviction. The rent controller judge passed an order of eviction with total disregard to multiple evidences submitted by our family.
I want to file a review application to rent control. What are the chances that same judge will review it? I want to get it reviewed by some other judge. What are my options? Plz advise.
kavksatyanarayana
(Expert) 17 September 2021
Under the Rent Control Act, the landlord cannot evict the tenant without sufficient reason or cause. The rules of eviction are slightly different from state to state. In some states for the landlord to evict a tenant, he/she must approach the court and obtain a court order for the same. In some states, the tenant cannot be evicted if he/she is willing to accept any changes to the rent.
Swaty Gupta
(Querist) 17 September 2021
Yes sir. This is why a review application is needed. My concern is that if same judge reviews his own decision, he may not do justice.
Already he disregarded all evidence. If I file a review of decision to the rent controller, will a different judge review it? Can we specifically ask for it?
The mentioned property is in Delhi
Swaty Gupta
(Querist) 17 September 2021
I request other experts to kindly add to the conversation
Swaty Gupta
(Querist) 17 September 2021
I request other experts to kindly add to the conversation
K Rajasekharan
(Expert) 17 September 2021
What you want to file is not a review but an appeal, for which you have to file an appeal petition to an already designated higher level court.
The appeal court can and will check whether there is any error in the decision-making or neglect of appreciation of evidence on the part of the trail court judge.
Advocate Bhartesh goyal
(Expert) 18 September 2021
Scope of review is very limited and can only file before same judge/court who passed the order/ judgment.Apart from this review lies where any error or mistake is found apparently on face of record.No person is allowed under guise of review to reagitate reargue the case.You have option to file appeal and appellate court can revert the decision if found erroneous.
Pradipta Nath
(Expert) 18 September 2021
Why you want to go for a review? Why you are not appealing it? What is the opinion of your Advocate. Usually the same judge gets very reluctant and egoistic to revisit his own order and change it!!
P. Venu
(Expert) 18 September 2021
Review petition would be decided by the same Bench, invariably the same Judge unless the he/she has ceased to hold office by reason of transfer, retirement etc.
ADVOCATE NITIN KAPOOR
(Expert) 18 September 2021
See as per delhi rent control act, the order of Arc can be challenged before rent controller. So go for it.
Regards,
Nitin kapoor
