Full Order Text
Order 4 · 16 Jul 2025 · CNR DLCT030076572024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 8 RC ARC 568/24 HARKESH KUMAR Vs. JAGDISH NATH 16.07.2025 Present: Sh. Arnav Vats, Proxy Counsel for petitioner alongwith petitioner. Perusal of record shows that the summons issued to the respondent had been received back unserved with the report of service through affixation at the first address. However, from the second address, as well as through postal department, report was received that the respondent has already expired. Counsel for petitioner had sought to take instructions on the LDOH. He submits that as per the instructions received that the respondent has expired, however, the petitioner is not aware as to when the respondent demised. He further submits that the petitioner had contacted the son of the respondent who did not disclose the date of death of the respondent as well as his legal heirs. Counsel for the petitioner has also filed an application under Order 22 Rule 4 CPC and seeks notice to the son of the respondent for furnishing the aforesaid details. However, without the date of death, it is not possible to determine whether the petition was instituted against the dead person and therefore, is a nullity or whether the respondent demised after the institution of petition for order 22 Rule 4 CPC to be applicable. The present petition has been filed under Section 14 (1) (e) r/w Section 25B of the DRC Act, which provides a summary procedure for eviction a tenant on the ground of bonafide need of the landlord. Therefore, averment regarding the person who is the tenant and is in possession of the tenanted premises from which eviction is sought is an essential pleading which has to be made by the petitioner itself. In case, petitioner himself is not aware as to who is in possession in the capacity of a tenant, then question may arise qua averements made on the eviction petition itself. Counsel for petitioner seeks time to take instructions in this regard. Accordingly, list for consideration on the aforesaid aspect on 10.09.2025. (Rupinder Singh Dhiman) ARC-01, Central District,THC 16.07.2025 -- 1 of 1 --