Quick Summary: A legal battle over an eviction case in Delhi involves complex issues of representation and procedural mishaps. Miss Rubina Sultan's request to evict her tenants was dismissed because of mistakes in following rules, even though the tenants missed their deadline to respond.
Miss Rubina Sultan asked the court to remove tenants Mohd Shafi & Anr from her property in Ballimaran, Delhi. The case was heard by Judge Anup Jairam Bhambhani. The tenants missed their 15-day deadline to file a response, which should have automatically led to their eviction under the Delhi Rent Control Act. However, the request was dismissed because of mistakes in following the rules.
Rubina Sultan, who has cerebral palsy, was helped by her brother, Mr. Naved Yar Khan. He acted as her representative, known as "next friend." However, the court found that Mr. Khan was not officially appointed in this role. The court noted that Mr. Khan didn't follow the right steps to be recognized as her representative.
"The eviction request was neither signed nor confirmed by Ms. Rubina Sultan, nor by someone officially appointed as her 'next friend'."
The tenants, Mohd Shafi & Anr, did not submit their request for more time to defend themselves within the required period. According to the rules, this should have led to an eviction. However, the tenants argued that Mr. Khan's lack of proper appointment made the request invalid.
Judge Bhambhani decided that the eviction request was not valid because it wasn't filed by someone officially recognized as Rubina's representative. Even though the tenants were late in responding, the court couldn't proceed with the eviction due to these mistakes.
"The Rent Controller made a mistake in saying that the eviction request was dismissed as rejected under Order VII Rule 11 CPC."
This case shows how important it is to follow the rules, especially when representing someone with disabilities. The court stressed that a proper check and official appointment are necessary for someone to act as a "next friend."
The court allowed Miss Rubina Sultan to submit a new eviction request, this time with a properly appointed guardian. This ensures her rights are protected while following the rules.
The court dismissed Miss Rubina Sultan's eviction request because it wasn't filed correctly. However, she has the chance to start over with a new request, ensuring all procedures are followed correctly.
