Alternative accommodation—Protection of Women from Domestic Violence Act, 2005—Section 12—Application under—For quashing of proceeding—Pending be CJM—Legality—Determination of—Allegations leveled against the petitioner, there is no averment that petitioner at any point of time was under domestic relationship with opposite party No. 2 in any shared household—Opposite party has not prayed any relief—Admittedly present petitioners are residing in separate district—High Court find that present petitioners are not necessary party for adjudication of said proceeding under PMDV Act—Continuance of present proceeding against present petitioners is mere abuse of process of Court—Proceeding pending before CJM is quashed—Revision allowed. (Paras 16 and 17)...
Civil Procedure Code, 1908 (CPC)—Section 151—Plaintiff filed a suit under Section 14(1)(h) of the Delhi Rent Control Act, alleging alternative accommodation acquired by the respondent—Summonses were served, but the respondent did not appear, leading to an ex parte decree—The respondent's application to set aside the decree was dismissed, and the order attained finality—The Rent Control Tribunal upheld the decree, finding alternative accommodation acquired—The High Court, without delving into the legality of the unchallenged ex parte order, remanded the case for defense—The Supreme Court, noting the respondent's failure to pursue the application to set aside, deemed the High Court's intervention unjustified—The appeal was allowed, upholding the orders of the Rent Control Tribunal ...
Delhi Rent Control Act, 1958—Section 14(1)—Appeal was filed against an eviction order dated November 12, 1999, under the Delhi Rent Control Act—The landlord sought eviction of the tenant, the appellant, from the first floor of the premises, claiming a bona fide requirement for additional rooms for his family—The Rent Controller initially dismissed the eviction petition, finding suitable alternative accommodation available—However, the High Court, in a revision, allowed the eviction—The Supreme Court, upon review, held that the alternative accommodations suggested by the tenant were not reasonably suitable, considering the landlord's family's convenience and needs—The court affirmed the High Court's decision, dismissing the appeal and granting six months for the appellant to vacat...