AHMAD ABBAS Vs. CITY MAGISTRATE AND ANOTHER

JUDGEMENT

(1.) The respondent-owner filed an application dated 22.3.1999 for declaration of vacancy of the disputed premises alleging that the petitioner was an unauthorized occupant who had forcibly occupied the premises when it was vacated by the erstwhile tenant. She also claimed release in her favour. The petitioner claimed that he was a tenant at Rs. 50/- per month. After hearing the parties, the rent controller declared vacancy vide order dated 4.11.1999 which is under challenge by the petitioner and he is continuing in possession on the basis of an interim order of this Court dated 18.11.1999. The counter-affidavit in this case was filed by the owner in October, 2000 but the rejoinder affidavit was filed in September, 2006. This matter was heard on 23.7.2008 and the following order was passed.

(2.) However, no affidavit was filed showing payment of rent/damages. One more opportunity was given by the following order on 27.8.2008.

(3.) However, even till date nothing has been brought on record to show that the rent was deposited and even the case was listed peremptorily the Counsel for the petitioner sent repeated illness slips on 21.1.2009, 29.1.2009 and 17.2.2009. Under the High Court Rules, if a case is ordered to be listed peremptorily, it cannot be adjourned on a mere illness slip but a proper application has to be filed for adjournment. But no such application is on record.