Delhi High Court
Shrimati Devi vs M/S New Times on 14 March, 2018
$~14
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 14th March, 2018
+ RC.REV. 288/2015 & CM No.10694/2015
SHRIMATI DEVI ..... Petitioner
Through: Mr. Tanmaya Mehta with Mr. Mohit
Sharma, Advocates.
versus
M/S NEW TIMES ..... Respondent
Through: Mr. Sanjeev Sharma with Ms. Usha
Kiran, Advocates.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. The petitioner is before this Court seeking to assail the
judgment dated 25.02.2015 passed on the file of her case (E. No.
111/08) instituted on 05.11.2007 for eviction of the respondent on the
ground of bona fide need for self and particularly of her married
daughter and her family, the said case having been dismissed by the
impugned judgment dated 25.02.2015 of the Rent Controller.
2. After some hearing, the learned counsel for the petitioner
submitted on request that the impugned order may be set aside and the
matter remanded to the Rent Controller so that the petitioner may
suitably amend the pleadings to bring clarity to the need of the
daughter on account of neither she nor her husband being in control or
possession of any other residential property in their name in Delhi and
also to adduce further evidence in support of such contentions. The
learned counsel for the respondent fairly conceded that the said
request may be granted, though the respondent reserving the right to
continue to contest the case on merits.
3. The further request of the petitioner is that she is a 75 years old
lady and, therefore, there is a need for expedition, the request being
for suitable directions to the Rent Controller in this regard.
4. In the above facts and circumstances, the impugned judgment of
the Rent Controller is set aside. The eviction case is revived on the
file of Rent Controller. The parties are directed to appear before the
Rent Controller for further proceedings in accordance with law on 16 th
April, 2018.
5. The petitioner will be granted one opportunity by the Rent
Controller to bring in an appropriate application for amendment of the
pleadings which application, needless to add, will be considered in
accordance with law after the response of the respondent is sought
thereupon and the petitioner will be entitled to lead further evidence
for which appropriate opportunity shall be afforded. Needless to add
further, the respondent will also be entitled to lead further evidence, if
any, after the petitioner has availed of such opportunity.
6. Given the old age of the case and also of the petitioner, the Rent
Controller will be expected to proceed with the case expeditiously
this, of course, being contingent upon full cooperation from both
sides, the counsel for the respondent having held out an undertaking
and assurance that he would not seek any unnecessary adjournments.
The Rent Controller will render fresh decision, after such further
inquiry as would be necessary, at the earliest, preferably before the
close of the current calendar year.
7. The petition and the pending application stand disposed of in
above terms.
R.K.GAUBA, J.
MARCH 14, 2018
srb
