GIRDHARILAL SHARMA Vs. MOTILAL AND ORS.

JUDGEMENT

(1.) These writ petitions have been filed challenging the orders dated 4.5.2013 by which the applications for bringing on record the L.Rs. of sole plaintiff on record along with application for condonation of delay are rejected and the petition of the landlord filed under Section 6 for revision of rent and under Section 9 & 10 of the Rent Control Act for eviction of tenant on the ground of bonafide reasonable necessity have been dismissed as having been abated.

(2.) The learned trial court has rejected the eviction petition as abated on the premise that although the petitioners filed application for bringing L.Rs. on record and also submitted an application for condonation of delay of 56 days, but the learned Rent Tribunal held that the landlord died on 15.6.2012 and the application has been filed on 7.1.2013 after 206 days thereafter on 7.1.2013. In the application seeking condonation of delay, it has been stated that the sons of landlord Rajesh Kumar Sharma and Ashok Kumar Sharma are employed with military engineering service and are posted at the border. His wife Smt. Leelavati was residing at Alwar. The application has been filed through power of attorney holder Gaurav Sharma, who is also resident of Alwar. No specific reason has been given in the application seeking condonation of delay why leave was not granted to his sons and where were they during the intervening period. Therefore, the applications were rejected and the petition was eviction was dismissed as having been abated.

(3.) Shri Ashish Sharma, learned counsel for the petitioners submits that the basic fact, which were required for setting aside the abatement were already pleaded in the two applications, which the petitioner filed one for bringing L.Rs. on record and another for condonation of delay, and therefore, it would suffice even for setting aside abatement. Learned counsel in support of his arguments relied on the judgement of Supreme Court in Mithailal Dalsangar Singh vs. Annabai Devram Kini, 2003 10 SCC 691 and division bench judgement of this Court in Brij Ballabh Sharma vs. Pushpa Parihar, 2007 5 RCR(Civ) 273.