VED PARKASH Vs. WAZIR CHAND MOGLA

JUDGEMENT

(1.) The respondent-landlord, Wazir Chand Mogla filed an ejectment petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949. Copies of documents to be relied upon by the landlord were, however, not attached with the ejectment petition. Rather than filing his written statement, the tenant-Ved Parkash moved an application dated 23rd Aug., 1996 with the solitary prayer that the landlord be directed to disclose the documents and records in his possession on which he would be relying on to establish the averments made in the ejectment petition. The landlord, Ved Parkash Mogla filed his reply dated 2nd Sept., 1996 to the aforesaid application. In para 5 of the reply, it was inter alia stated:-

(2.) Having become aware of the documents to be relied upon by the landlord, which were appended to the reply dated 2nd Sept., 1996 and with the application dated 10th July, 1996, the tenant, Ved Parkash filed his written statement dated 23rd Dec., 1996.

(3.) The landlord being agitated by the slow pace at which the ejectment petition was moving, approached this Court by filing C.R. No. 3319 of 1999, title as Wazir Chand Mogla Vs. Ved Parkash, seeking a direction from this Court to the Rent Controller for deciding the ejectment petition within a time period. Simultaneously, he moved a representation dated nil before the Inspecting Judge for the time bound disposal of his ejectment petition in Nov., 1999. Honble V.K. Bali, J., the Inspecting Judge passed a favourable order on the aforesaid representation on 27th Nov., 1999, whereupon the landlord, Wazir Chand Mogla moved an application under section 151 of the Code of Civil Procedure with the prayer that C.R. No. 3319 of 1999 had been rendered infructuous and that the same be dismissed as withdrawn. On 2nd Dec., 1999, C.R. No. 3319 of 1999 was accordingly dismissed as withdrawn.