PRABHA GOEL Vs. NIRMAL KUMARI JAIN

JUDGEMENT

(1.) C.M.(M) No.20967/2011

(2.) THIS is an application for filing additional evidence/documents. This application has to be dismissed for the simple reason that Supreme Court in the judgment in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs. : (2010) 2 SCC 15 has held that whatever a tenant has to state and file for seeking leave to defend is to be done within the 15 days statutory period and after the 15 days statutory period, condonation of delay of even one day is not possible. Effectively, therefore the Supreme Court holds that the statutory period of 15 days is sacrosanct and within which period a tenant must file all the pleadings and documents on the basis of which he seeks leave to defend, and thereafter no further additional documents can be seen.

(3.) THE bona fide necessity eviction petition was filed by the respondents herein, and who are the legal heirs of one Sh. Daulat Singh Jain. The respondents herein pleaded that they are residing in the first floor and second floor of the property. Family of the respondent no.3 herein/petitioner no.3 in the eviction petition consists of himself, his wife and two daughters aged about 18 years and 16 years both of whom are studying in school in 12th and 11th classes respectively. Family of respondent no.2 herein/petitioner no.2 in the eviction petition comprises of himself, his wife and two children of which one is a daughter aged about 8 years and another son aged about 5 years; both of them being school going. Respondent no.2 herein was residing in a tenanted house in Laxmi Nagar, Delhi on account of paucity of accommodation. The respondents pleaded that they only had one room, one kitchen and one bathroom on the first floor, one room on the second floor and a Barsati room and kothri on third floor, and which accommodation was insufficient for the families of the respondent nos.2 and 3 herein as described herein above, and hence the bona fide necessity eviction petition.