MANJU Vs. SHRIPAD GOVIND DESPANDE

JUDGEMENT

(1.) RULE, made returnable forthwith by consent of parties.

(2.) THE respondent/landlord filed proceedings under Rent Control Order being Rent Control Case No. 535/90-91 seeking permission of Rent Controller under Clause 13 (3) (i) (vi) (vii) of Rent Control Order, 1949. Initially an ex-parte order came to be passed by the Rent Controller on 5. 11. 1990. This ex-parte order was then challenged in appeal by the respondent Landlord before the Additional Collector. The Additional Collector allowed the appeal of the respondent Landlord vide order dated 5-6-1996, which was subject matter of challenge before this Court in Writ Petition No. 1398 of 1996. This Court ultimately on 8. 6. 1996 set aside the aforesaid order. While setting aside this order this Court held that the matter was long pending and therefore, Rent Controller was directed to dispose of the application within 3 months from today. The parties were further directed not to delay the matter any further and that the schedule given by this Court shall strictly be followed.

(3.) INSPITE of this order, it appears that the proceedings before Rent Controller proceeded at a leisurely pace. Examination-in-chief of the respondent-landlord was completed on 29. 6. 2000 and the matter was adjourned thereafter from time to time. The ordersheet indicates that the present petitioner was thereafter absent on 3. 8. 2000, 8. 9. 2000, 3. 1. 2001, 8. 3. 2001, 11. 4. 2001, 9. 8. 2001. On 9. 8. 2001, the Court observed that cross-examination was not conducted inspite of it being clarified on the last date that it was last chance. Permission granted to cross-examine was rejected and matter was adjourned to 7. 9. 2001 for further evidence of the applicant. On the next date i. e. 7. 9. 2001 once again the nonapplicant was absent. Advocate for nonapplicant preferred an application for permission to cross-examine the applicant and the application was rejected by the impugned order.