Bombay High Court
Manju vs Shripad Govind Despande on 28 January, 2002
Bench: R Mohite
JUDGMENT
1. Rule, made returnable forthwith by consent of parties.
2. The respondent/landlord filed proceedings under Rent Control Order being Rent Control Case No.535/90-91 seeking permission of Rent Controller under Clause 13(3)(i)(vi)(vii) of Rent Control Order, 1949. Initially an ex-parte order came to be passed by the Rent Controller on 5.11.1990. This ex-parte order was then challenged in appeal by the respondent Landlord before the Additional Collector. The Additional Collector allowed the appeal of the respondent Landlord vide order dated 5-6-1996, which was subject matter of challenge before this Court in Writ Petition No.1398 of 1996. This Court ultimately on 8.6.1996 set aside the aforesaid order. While setting aside this order this Court held that the matter was long pending and therefore, Rent Controller was directed to dispose of the application within 3 months from today. The parties were further directed not to delay the matter any further and that the schedule given by this Court shall strictly be followed.
3. Inspite of this order, it appears that the proceedings before Rent Controller proceeded at a leisurely pace. Examination-in-chief of the respondent-landlord was completed on 29.6.2000 and the matter was adjourned thereafter from time to time. The ordersheet indicates that the present petitioner was thereafter absent on 3.8.2000, 8.9.2000, 3.1.2001, 8.3.2001, 11.4.2001, 9.8.2001. On 9.8.2001, the Court observed that cross-examination was not conducted inspite of it being clarified on the last date that it was last chance. Permission granted to cross-examine was rejected and matter was adjourned to 7.9.2001 for further evidence of the applicant. On the next date i.e. 7.9.2001 once again the nonapplicant was absent. Advocate for nonapplicant preferred an application for permission to cross-examine the applicant and the application was rejected by the impugned order.
4. I find from the ordersheet that firstly the Rent Controller has not taken cognizance of the schedule given by this Court in its order dated 8.7.1996. He has not even chosen to apply for extension of time granted and prima facie, he is acting in breach of this order of the Court. The Petitioner-tenant has also not been diligent and it does appear as he has remained absent & failed to cross-examine the Respondent even though sufficient opportunity was given to him.
5. Notwithstanding this position, I am inclined to allow this petition, in the interest of justice, subject to certain conditions, which are as follows :-
a) that the petitioner will pay to the respondent costs of Rs.10,000/-, within a period of three weeks, from today. The payment of costs will be condition precedent for the petitioner to exercise his right of cross-examination and if costs are not paid, within the aforesaid period, the evidence of respondent/landlord will be treated as complete and the matter will proceed from that stage.
b) that the petitioner will send to the respondent/landlord all arrears of rent, which she claims earlier to have sent earlier by a consolidated cheque, and the landlord will be at liberty to accept the same. This will be done without prejudice to the rights and contentions of the parties.
6. I am informed that the next date has been fixed by the Rent Controller on 22.4.2002. It is found that the Rent Controller has completely ignored the order of this Court.
7. The Rent Controller will file report in this Court, within three weeks indicating as to why he has not followed schedule prescribed by this Court vide its order dated 8.7.1996, & as to why extention was not sought.
8. The Rent Controller is further directed to ensure that the proceedings before him are completed, within a period of 12 weeks of the receipt of the Writ from this Court.
9. Rule is made absolute in the aforesaid terms and Writ Petition is finally disposed of.
10. The matter to be listed for orders after receipt of report of Rent Controller.
11. Parties are directed to appear before Rent Controller on 20th February, 2002, which is the date agreed upon by consent of both the parties.
