INDERJEET SINGH Vs. KULDEEP KAUR

JUDGEMENT

(1.) The present two petitions arise out of the eviction proceedings filed by the Respondent/Landlord (hereinafter 'Landlord') against the Petitioner/Tenant (hereinafter 'Tenant') in respect of the property bearing No. GL-18, Jail Road, Hari Nagar, New Delhi. Two orders i.e. orders dated 20th April, 2019 and second order dated 7th May, 2019 are the impugned order before this Court. The first order relates to non-acceptance of certain exhibits filed by the Tenant and second order closes the right of the Tenant to lead evidence.

(2.) The brief background is that a petition for eviction was filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 ("DRC Act"). The evidence of the Landlord was closed on 21st December, 2017 and the Tenant was permitted to lead his evidence. However, from 21st December, 2017 despite repeated adjournments, the affidavit in evidence was not filed on behalf of the Tenant. Suddenly on 21st February, 2018, an application under Order VII Rule 11 CPC was filed by the Tenant, which was rejected by the ld. ARC. Until the decision in the application under Order VII Rule 11 CPC, the Tenant chose not to file his affidavit in evidence.

(3.) Finally, on 10th December, 2018 the Tenant filed his affidavit in evidence and also an application seeking to bring on record further exhibits. The ld. ARC refused to take exhibits on record, first, on the ground that the same were being filed at a belated stage and secondly, on the ground that there is no merit in the application seeking to bring on record the said documents. This order came to be challenged in CM (M) 800/2019. Thereafter, the Tenant did not appear before the Trial Court to lead any further evidence in the matter despite the order of the Trial Court. On 7th May, 2019, the ld. ARC closed the Tenant's evidence. This order has been challenged in CM (M) 799/2019.