PUSHPA KHANNA Vs. SANJAY NARANG

JUDGEMENT

(1.) The issue in dispute in the present petition pertains to dismissal of the appeal filed under Sec. 38 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'DRC Act').

(2.) It is the case of the petitioners that they filed an Eviction petition bearing RC ARC 14/2019 under Sec. 14 (1) (b) and 14 (1) (c) DRC Act seeking eviction of the respondents on the ground of sub-letting and misuse of the premises bearing no. 16 A Sunder Nagar, New Delhi (hereinafter referred to as 'subject property'). The petition is contested by the respondents. During the pendency of the petition, petitioner no. 1 died on 29/1/2010 and petitioner no. 2 was substituted as the legal heir of the former on 11/5/2011. Subsequent to framing of issues by the learned Trial Court, the petitioners' evidence commenced.

(3.) Only one witness i.e. PW-1 was examined on behalf of the petitioners and the said witness was cross examined by the respondents. Vide order dtd. 3/9/2019, the learned Rent Controller (hereinafter referred to as 'RC') closed the evidence of the petitioners and listed the matter for respondents' evidence. Subsequently, the petitioners filed an application under Order XVI Rule 1(3) and Order VII Rule 14 (3) read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for reopening of evidence of the petitioners along with the documents evidencing that the respondents had sub-let the subject property and sought permission to examine the additional witnesses. The respondents filed their reply and opposed it. Learned RC dismissed the same vide order dtd. 15/1/2020.