Delhi High Court
Mr.Rakesh Nanda vs Ms.Renu Gupta on 31 October, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.M.(M) No.963/2014 and C.M. No.17688/2014 (Stay)
% 31th October, 2014
MR.RAKESH NANDA ..... Petitioner
Through: Mr.R.D.Itorora, Advocate.
Versus
MS.RENU GUPTA ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This petition under Article 227 of the Constitution of India impugns
the order of the Additional Rent Controller dated 13.8.2014 by which the
Additional Rent Controller has directed the petitioner herein/respondent to
file the written statement. The impugned order simultaneously records that
whatever documents were with the petitioner in the trial court/respondent
herein have already been supplied to the petitioner herein/respondent in the
trial court, in the same form as were existing with the respondent herein, and
consequently the present petitioner should file the written statement.
2. Since the impugned order is a short order, I reproduce the same as
under:-
" Certified copy of the site plan and the photocopy of the settlement
order along with typed copy in Hindi has been filed on record. Further, it
is submitted by counsel for the defendant that he has not been supplied
with legible copies of all the documents and also not the typed copy of all
hand written documents. Counsel for the petitioner supplied copy of site
plan and typed copy in Hindi of Urdu document to defendant counsel.
Further, defendant has also placed on record an application u/s 151 CPC
mentioning documents which are not legible to him. It is submitted by
counsel for the petitioner that he himself has these documents in the same
state as even he has obtained certified copies of these documents and does
not have original documents. In these circumstances, the petitioner can
supply the best he himself has in his possession, which he has already
done.
In these circumstances, petitioner has met with his requirement of
supplying best legible copies of documents which he himself has.
Accordingly, application u/s 151 CPC stands disposed off. Defendant is
given last opportunity to file written statement within stipulated time
period.
To come up for further proceedings on 07.11.2014."
3. The subject petition is a petition for eviction on the ground of non-
payment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958
where three aspects will have to be seen viz; existence of relationship of
landlord and tenant between the parties; service of the demand notice; and
whether inspite of service of a notice arrears of rent have been paid or not
paid. These three aspects will be in the special knowledge of the present
petitioner himself, and therefore obviously the endeavour in moving this
petition under Article 227 of the Constitution of India is to delay the subject
eviction petition.
4. Powers under Article 227 of the Constitution of India are
extraordinary and discretionary powers, and which are not meant to be
exercised in a routine manner, more so when it is clear that whatever
documents which the respondent herein has, and in the form which the
respondent has, have already been supplied to the petitioner.
5. Dismissed.
VALMIKI J. MEHTA, J
OCTOBER 31, 2014
KA
