I N Chaudhary vs Dr Jaswant Singh & Anr
2017 Latest Caselaw 6695 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Decided on: 23rd November, 2017

+      CM(M) 421/2017 & CM 14483/2017

       I N CHAUDHARY                                     ..... Petitioner
                    Through:           Mr. Mukesh Kr. Verma, Advocate.

                          versus

       DR JASWANT SINGH & ANR                  ..... Respondents
                    Through: Mr. R.P. Sharma, Advocate.
       CORAM:
       HON'BLE MR. JUSTICE R.K.GAUBA

                   JUDGMENT (ORAL)

1. The petitioner is a respondent in the proceedings arising out of the eviction petition No.25777/16 (new), 131/12 (old) initiated by the respondents herein seeking his eviction on the ground under Section 14(1)(e) of Delhi Rent Control Act, 1958.

2. By the impugned order dated 27.03.2017 the right of the petitioner to lead evidence was closed taking note at length of the dilatory tactics adopted by him or at his instance by his counsel, some reference to the previous conduct of the counsel having also been made in the order.

3. After some hearing, the learned counsel for the respondents submitted that though the order and the reasons set out therein cannot be faulted, in all fairness, so as not to deny effective opportunity to the petitioner, one indulgence may be shown to facilitate opportunity for evidence to be adduced by him subject to appropriate terms.

4. Having regard to the facts and circumstances in the backdrop as noted in the impugned order, with deference to the concession given by the counsel for the respondents, the impugned order is set aside subject to costs of Rs.50,000/- and further condition that the petitioner will be entitled to lead evidence before the Rent Controller in the case in question, producing himself and other witnesses that he wishes to examine, all in one go, on the date to be fixed for such purposes by the Rent Controller as per convenience of his calendar.

5. The petition and the pending application are disposed of with these observations.

R.K.GAUBA, J NOVEMBER 23, 2017 srb