INDER KUMAR LAMBA Vs. ABHISHEK PAHWA

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been filed by the petitioner/landlord for setting-aside the order dated 13th December, 2012 passed by the Addl. Rent Controller, wherein the additional affidavit filed by the respondents/tenants after completion of the pleadings in the application for leave to defend was taken on record.

(2.) BRIEF facts of the case are that the petitioner filed the eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 against the respondents in the year 2009, for bonafide requirement of his son who is dependent upon the petitioner. The petitioner is around 75 years old.

(3.) IN the year 2012, the respondents filed an application under Order VII, Rule 11 CPC. The same was dismissed. Another application was filed by the respondents for bringing on record certain additional facts. The same was also rejected by coming to the conclusion that the additional facts cannot be considered after the expiry of 15 days of filing the application for leave to defend.