DHARAMVEER BHARDWAJ Vs. SUBHASH SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the defendant/tenant impugning the order of the trial court dated 20.11.2014 by which the trial court has closed the evidence of the petitioner/defendant not only on account of the non-payment of the cost imposed, but also because the advance copy of the affidavit by way of evidence which was directed to be served upon the respondent/plaintiff, was not served.

(2.) Those tenanted premises are not covered under the Delhi Rent Control Act, 1958 whose rate of rent is more than Rs.3,500/- per month, and as is the case of the respondent/plaintiff in the subject suit. It is not unknown and in fact it is quite common that a petitioner/defendant/tenant uses all tactics to delay the suit for possession thus causing prejudice to the respondent/plaintiff/landlord.

(3.) In the present case, first opportunity for leading evidence was given to the petitioner/defendant on 07.10.2014, but it was not availed of. Therefore, while granting adjournment on 07.10.2014, the trial court imposed costs and also made it clear that advance copy of the affidavit by way of evidence will be supplied to the respondent/plaintiff 10 days before the next date of hearing so that the respondent s/plaintiff s counsel knows what is stated in the affidavit by way of evidence filed by the petitioner/defendant so that necessary cross-examination is done on the next date fixed ie 20.10.2014.