LALA HAR PRASAD (SINCE DECEASED) THR LR v. ANITA DEVI
RC.REV./134/2026 · 2026-07-07
Harish Vaidyanathan Shankar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11829 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11829 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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LALA HAR PRASAD (SINCE DECEASED) THR LR .....Petitioner Through: Ms. Nisha Chauhan, Advocate along with Petitioner through VC.
versus
ANITA DEVI
.....Respondent Through: Mr. Jayveer Singh & Mr. Ajeet Singh, Advocates.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
O R D E R %
07.07.2026
1. The present Petition has been filed under Section 25B(8) of the Delhi Rent Control Act, 1958 seeking the following reliefs:
“….. a) call for the records of RC ARC No. 31/24 titled “Anita Devi vs. Lala Har Prasad (through LR Sanjay Gupta)” from the Court of Ld. ACJ-cum-CCJ-cum-ARC, South-East District, Saket Courts, New Delhi; b) set aside the impugned Order dated 17.10.2025 passed by the Ld.
ACJ-cum-CCJ-cum-ARC in RC ARC No. 31/24; c) allow the Petitioner‟s impleadment as respondent/tenant-legal heir in RC ARC No. 31/24 and direct that his name be added in the array of parties; d) take into consideration and treat the defences raised in the Leave to Defend application filed on behalf of the tenant/legal heirs, including the present Petitioner, as raising substantial and triable issues, and permit the Petitioner to file, if necessary, a separate supplementary Leave to Defend setting out his specific pleas and additional facts; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:44:15
e) remand the matter to the Court of Ld. ACJ-cum-CCJ-cum-ARC, South-East District, Saket Courts, New Delhi, with a direction to adjudicate afresh the Eviction Petition under Section 14(1)(e) read with Section 25B of the DRC Act after impleading the Petitioner, after considering the Leave to Defend and the additional documents, and after granting the parties full opportunity to lead evidence; and/or f) pass any other Order (s) as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the present case.”
2.
Learned counsel appearing on behalf of the Petitioner draws the attention of this Court to the Affidavit dated 02.07.2026 filed on behalf of the Petitioner-Sanjay Kumar Gupta. The contents of said affidavit reads as under:
“I, Sanjay Kumar Gupta, Aged about 60 years, S/o Late Sh. Lala Har Prasad, R/o F-522, Village Khairpur, Kotla Mubarakpur, New Delhi-110003, do hereby state on solemn affirmation as under:-
1. That I am the Petitioner in the above captioned matter and am conversant with the facts of the case and am competent to sign and swear with this affidavit.
2. That the Hon‟ble Court has passed with the respective direction on
23.04.2026. The deponent is filing the affidavit in compliance direction dated 23.04.2026.
3. That I hereby undertake to pay the entire outstanding in terms of
order dated 23.04.2026.
4. That I hereby further undertake that I shall pay use and occupation charges @ Rs. 3000/- per month from the date of impugned order of the trial court and clear all the statutory charges including electricity and water bills with respect to the subject premises.
5. That I further undertake that I shall continue to make the payments in terms of order dated 23.04.2026 to the respondent.
6. That I undertake to this Hon‟ble Court that I shall vacate the property by 31.10.2026,
7. That the present affidavit is being filed in compliance of the order dated 23.04.2026.” (emphasis supplied)
3. In view of the undertaking given to this Court by way of the affidavit, this Court is of the view that no further orders are required to be passed in the present matter.
4. Accordingly, the present Petition stands disposed of in terms of the undertakings set out in the affidavit as reproduced hereinabove. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:44:15
5. The present Petition, along with pending application(s), if any, stands disposed of in the above terms.
HARISH VAIDYANATHAN SHANKAR, J. JULY 07, 2026/tk/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:44:15