GANGES PRINTING INK Vs. SARDARI LAL DUGGAL

JUDGEMENT

(1.) Petitioner No.l was the tenant of R-l at 1, Ansari Road, Darya Ganj, Delhi. It seems that some disputes arose between them and R-l moved some application before the Calcutta High Court in a pending proceeding between petitioner No.l and Punjab National Bank which was rejected by order dated 5.6.1996 with liberty to R-l to take appropriate eviction proceedings against petitioner under law. Thereafter R-l filed Suit No.1778/96 for possession of first floor of the premises before this court in which he filed a replication allegedly admitting payment of rent by petitioner upto April 1996. It is also alleged that R-l admitted in these proceedings that rent for the premises was tendered by money order upto March 1997 which was not accepted but suppressing all these facts R-l later filed an eviction petition before Additional Rent Controller for eviction of petitioner from the premises and had obtained eviction order dated 2.7.1999.

(2.) Petitioner's case is that R-l had misled the court of Additional Rent Controller by withholding the facts/documents and pleadings before Calcutta High Court and this court and had filed a false application and affidavit and obtained an ex-parte eviction order on the ground of non-payment of rent and by indulging in this had committed a fraud on this court and that of Additional Rent Controller and the criminal contempt also.

(3.) R-l who is said to have filed an application before the Calcutta High Court and the suit before this court had died meanwhile and R~2 is his daughter and was his general of attorney holder at the relevant time. She has filed a reply to this petition claiming that it had become infructuous with the death of R-l and in terms of Section 20 of Contempt of Courts Act. Allegations of indulging in any falsehood or committing any fraud on the court of ARC or this court are denied by her. According to her, R-1 had submitted the correct facts before ARC in his eviction petition and he was not obliged to plead anything with regard to any litigation with which he was not concerned or to which he was not a party.