SHANTI DEVI BHADORIYA Vs. GANGESHWARI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 23/01/2019 passed by the Rent Controlling Authority, Gwalior by which the application filed by the petitioner was rejected and impliedly right of the petitioner to lead the defence evidence was also closed as the case was directly fixed for final arguments.

(2.) It is submitted by the counsel for the petitioner that the respondent No.1 has filed an application under Section 23 of MP Accommodation Control Act for eviction on the ground of bona fide requirements. On 26/07/2018, an application under Section 151 of CPC was filed by the petitioner. Thereafter, the case was fixed for reply of the said application. On 20/09/2019, the counsel for the respondent No.1 filed his reply and then the case was adjourned for reply as well as arguments (although the reply was already filed on 20/09/2018 which is reflected in the order sheet also). On 23/01/2019, it was observed by the Rent Controlling Authority that the petitioner's counsel has not shown any interest in arguing the application and accordingly, the application filed by the petitioner under Section 151 of CPC was rejected and fixed the case for final arguments.

(3.) It is submitted by the counsel for the petitioner that from 20/09/2018, the case was always fixed for filing of reply and arguments. On 23/01/2019 if the RCA was of the view that the petitioner is showing no interest in final disposal of eviction proceedings and therefore, the application filed by the petitioner under Section 151 of CPC is liable to be rejected, then the RCA should have fixed the case for recording the petitioner's evidence and should not have fixed for final arguments. Per contra, it is submitted by the counsel for the respondent No.1 that since the petitioner is a tenant, therefore, every effort is being made to delay the proceedings. However, he fairly conceded that on 23/01/2019, the case was not fixed for recording the defence evidence and it was only fixed for reply and arguments.