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ASHA MENON
Numesh Arora – Appellant
Versus
Nayyarah Qaiser – Respondent
JUDGMENT
Asha Menon, J. -
Cm APPLN. 18044/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM (M) 395/2021, CM APPLN. 18043/2021 (by the petitioner u/S 151 CPC for stay)
1. This petition has been filed by the respondent before the learned Rent Controller, Tis Hazari Courts, Delhi, being aggrieved by the rejection of his appeal filed under Section 38 of the Delhi Rent Control Act 1958, by the learned Principal District & Sessions Judge/Rent Control Tribunal, vide orders dated 15th April, 2021 in RCT No. 72/2019.
2. The respondent herein had filed an eviction petition under Section 14(1)(d) of the Delhi Rent Control Act and had alleged that the premises had been let out for residential purpose but that the present petitioner was not residing therein. In the written statement filed by the present petitioner, it was submitted that there was no relationship of landlord and tenant and the premises were commercial in nature. An amendment application was moved by the present petitioner under Order VI Rule 17 CPC with a prayer to incorporate therein a plea of adverse possession. It was claimed that the petitioner had obtained the premises from
The court emphasized that the amendment seeking to incorporate a plea of adverse possession was not necessary for the disposal of the eviction petition and that the question of ownership and title is....
A party must demonstrate diligence in presenting all defenses at the initial pleading stage; amendments after trial commencement are generally disallowed unless crucial for resolution.
Amendments to eviction petitions under rent control laws are permissible at any stage of proceedings when necessary to achieve justice.
The legal principle established is that a claim of ownership and adverse possession that has been rejected in previous judgments cannot be re-agitated and amounts to an abuse of the process of law.
The court highlighted the importance of timely filing of application for leave to contest, valid reasons for extension, and the need for a substantial case for consideration of the application.
Amendments to pleadings are permissible if they clarify the real controversy, even at the trial stage.
Non-compliance with court orders and failure to pay rent can lead to eviction under the Delhi Rent Control Act, 1958.
The court affirmed that amendments to pleadings must be timely and relevant, particularly in eviction proceedings under the Rent Control Act.
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