RAKESH NANDA Vs. RENU GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the Additional Rent Controller dated 13.8.2014 by which the Additional Rent Controller has directed the petitioner herein/respondent to file the written statement. The impugned order simultaneously records that whatever documents were with the petitioner in the trial court/respondent herein have already been supplied to the petitioner herein/respondent in the trial court, in the same form as were existing with the respondent herein, and consequently the present petitioner should file the written statement.

(2.) Since the impugned order is a short order, I reproduce the same as under:-

(3.) The subject petition is a petition for eviction on the ground of nonpayment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958 where three aspects will have to be seen viz; existence of relationship of landlord and tenant between the parties; service of the demand notice; and whether inspite of service of a notice arrears of rent have been paid or not paid. These three aspects will be in the special knowledge of the present petitioner himself, and therefore obviously the endeavour in moving this petition under Article 227 of the Constitution of India is to delay the subject eviction petition.