BANNE KHAN Vs. GANESH DUTT BHATT

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the order of the Additional Rent Controller dated 13th Nov., 1986 whereby the evidence of the petitioner herein was closed.

(2.) The petition has been very vehemently opposed by the learned counsel for the respondent who submits that the premises are required for the bona fide need of the respondent i.e. the petitioner in the eviction case and petitioner herein is responsible for delay in disposal of the eviction petition because he did not file list of witnesses nor did he summon the witnesses on the date, the case was listed for evidence.

(3.) Learned counsel for the petitioner states that only two witnesses; one from the Rationing Office and another from the Delhi Development Authority are required to be examined to prove that the respondent has got some other alternative accommodation and, therefore, the respondent does not need the premises for his bona fide personal use. He submits that only one final opportunity be given to the petitioner to summon these witnesses.