ANJANA DEVI Vs. BIMLA DEVI JAIN

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller, Hansi dated January 23, 1987, whereby the application to withdraw the ejectment application with permission to file a fresh one was declined.

(2.) SMT . Anjana Devi, landlady, filed the ejectment application on February 2, 1984 against her tenant Smt. Bimla Devi, on the ground of her personal requirement. No evidence was produced by the landlady. Application for amendment of the ejectment application was filed in July, 1986. According to the landlady, necessary ingredients of Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, were not impleaded. However, the said application was dismissed by the Rent Controller vide order dated September 30, 1986. Meanwhile, evidence was closed by order of the Rent Controller when the present application for withdrawal of the ejectment application was filed. This was contested on behalf of the tenant-respondent. The learned Rent Controller found that the landlady had moved the present application simply to re-open the case because she had failed to lead any evidence despite numerous opportunities availed of by her. It was further observed that she had moved the application with an ulterior motive to bring on record the evidence which she could not produce earlier.