SUBHASH BIJLANI Vs. RAJINDER KAUR GREWAL

JUDGEMENT

(1.) THIS case presents manifestation of peculiar syndrome adopted by the tenant with the objection (object ?) of delaying the proceedings before the Rent Controller. The landlord-respondent had filed an application for ejectment against the tenant-petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949. After framing of issues, recasting of the same, the landlord concluded his evidence and the case was posted for adducing evidence by the tenant-petitioner (respondent No. 2). The first date fixed for adducing the evidence by the tenant-petitioner (respondent No. 2) was fixed somewhere in 2000 and the last opportunity was granted on 6.12.2001. Thereafter, the case has been lingering on at the request made by the tenant- petitioner on one pretext or the other. Eventuality, the Rent Controller vide impugned order dated 29.10.2003 closed the evidence of the tenant-petitioner, which reads as under :-

(2.) A perusal of the aforementioned order shows that after last opportunity on 6.12.2001, opportunity with costs and on the enhanced costs, were granted. Thereafter, even on 11.8.2003, an undertaking was given by the counsel for the tenant-petitioner to the effect that if the evidence is not concluded by the next date of hearing, the same may be closed by order. Again an application was filed on the pretext that the tenant-petitioner could not appear on ground of illness and adjournment was granted on payment of Rs. 800/- as costs with a rider that no further adjournment would be given. Despite, the aforementioned opportunity having been given, the tenant-petitioner has not been able to conclude his evidence compelling the Rent Controller to close his evidence by order.

(3.) MR . Atul V. Sood, learned counsel for the landlord-respondent has argued that a perusal of the impugned order makes it evident that the intention of the tenant-petitioner is to delay the proceedings to the extent possible. Therefore, the order of the learned Rent Controller is not open to any interference.