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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA, J.
Sh Babu Lal Jain Since Deceased Thr His Lrs – Appellant
Versus
Sh. Vijay Kumar Jain - Respondent
CM(M) 326 of 2023
Decided on : 01-03-2023
Exemption - Application for direction to dispose of leave to defend application - The court allowed exemption from filing certified copies of annexures and directed the learned Rent Controller to dispose of the leave to defend application without delay.
Fact of the Case:
The petitioner sought a direction for the learned Rent Controller to dispose of the leave to defend application without further delay, citing prejudice and financial loss due to the delay.
Finding of the Court:
The court considered the submissions and orders, acknowledged the delay caused by the COVID period and other reasons, and found it in the interests of justice to direct the learned Rent Controller to take up the matter and endeavor to dispose of it by a specified date.
Issues: Delay in disposal of leave to defend application, prejudice and financial loss to the petitioner/landlord.
Ratio Decidendi: The court's decision was influenced by the need to address the delay, the interests of justice, and the directions of the Delhi High Court Circular.
Final Decision: The court directed the learned Additional Rent Controller to take up the matter and endeavor to dispose of the leave to defend application on or before a specified date, ensuring no unnecessary adjournments are sought or given.
JUDGMENT :
[The proceeding has been conducted through Hybrid mode]
TUSHAR RAO GEDELA, J.
CM APP No. 9955/2023
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM(M) 326/2023
4. By way of the present petition, the petitioner prays that the learned Rent Controller dispose of the leave to defend application in ARC No. 360/2018 titled as ‘Babu Lal Jain vs. Vijay Kumar Jain’ without any further delay.
5. Ms. Jasmin Gill, learned counsel appearing for the petitioner/landlord submits that the present petition has been hanging fire from 03.05.2019 when the pleadings qua leave to defend application were completed and the matter was fixed for final arguments on the said leave to defend application.
6. Learned counsel draws attention of this Court to the subsequent orders through till 15.12.2022 to submit that for one reason or the other there has been a delay in the disposal of the said application causing great prejudice and financial loss to the petitioner/landlord.
7. Learned counsel submits that the only relief sought for from this Court in the present petition is a direction to the learned Additional Rent Controller to dispose of the leave to defend application in the aforesaid rent control petition.
8. This Court has considered the submissions made by Ms. Gill as well as perused all the orders which have been annexed right from 14.09.2018 through till 15.12.2022.
9. On a perusal of the aforesaid orders, it is clear that due to the intervening COVID period as well as for other reasons there has been a delay caused in adjudication of the application for leave to defend filed on behalf of respondent/tenant.
10. In view of the directions of this Court in Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, as well as the fact that no particular relief is being prayed in the present petition against the respondent, the need to issue notice to the respondent and serve copies of the present petition is dispensed with.
11. Having regard to the aforesaid submissions as well as after perusing the orders, this Court is of the opinion that it would be in the interests of justice to allow the prayer of the petitioner and direct the learned Additional Rent Controller to take up the matter in all earnest on 07.03.2023 and endeavor to dispose of the same on or before 30.04.2023.
12. Learned Trial Court shall also endeavor to ensure that no unnecessary adjournments are sought or given and shall ensure that the directions given today are adhered to and the said application is disposed of in accordance with law.
13. The petition is disposed of with no order to costs.
The court's decision was guided by the interests of justice and the need to address delays in the adjudication process.
Control Of Eviction of Tenants - Order sheets of trial court clearly show that on some ground or the other, adjournments are being granted in matter without any valid justification.
Courts must expedite hearings and prevent unnecessary adjournments in eviction matters based on bona fide necessity, adhering to prior judicial directives.
Adherence to procedural requirements within the stipulated time period and the demonstration of reasons beyond the petitioner's control for any delay in fulfilling such requirements.
The court emphasized the need for the summons to be duly served with a legible copy of the paper book and applied the dual test of reasons beyond control for the delay and the substantial case for co....
The need for expedited hearing and disposal of applications under the Delhi Rent Control Act, 1958, considering the petitioner's retired status and livelihood concerns.
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
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