A party must show due diligence and good faith to claim benefits under Section 14 of the Limitation Act, failing which prior findings and delays bar relief.

JUDGMENT

Navin Chawla, J. (Oral)

These petitions have been heard through video conferencing.

CM APPL. 15492/2021 in CM(M) 354/2021 (exemption)

CM APPL. 15494/2021 in CM(M) 355/2021(exemption)

Allowed, subject to all just exceptions.

CM(M) 354/2021 & CM APPL. 15491, 15493/2021

CM(M) 355/2021 & CM 15495/2021

1. CM(M) 354/2021 has been filed by the petitioner challenging the order dated 27.04.2016 passed by the learned Rent Control Tribunal in an Appeal under Section 38 of the Delhi Rent Control Act, 1958, being RCT No. 15/2015, while CM(M) 355/2021 has been filed challenging the order dated 01.04.2021 passed by the learned Rent Control Tribunal in RCT-09/2017. Both the petitions are being disposed of by this common order as they arise out of the same Eviction Petition, being ARC No. 25350/16, and involve the same factual background.

2. As far as CM(M) 354/2021, at the outset, the petitioner is confronted with the delay and latches in filing of the present petition.

3. The petitioner along with the present petition has filed application, being CM No.15491/2020, under Section 14 of the LIMITATION ACT , 1963 contending therein as under:

"4. That the appeal filed by the respondent under Section 38 of the Delhi Rent Control Act has been allowed by the Court of Ms. Rekha Rani, Ld. District and Sessions Judge/RCT, District West, THC, Delhi vide order and judgment dated 27.04.2016 and thereby set aside the whole order and judgment dated 21.02.2015 passed by the Hon'ble Court of Sh. Naveen Kumar Kashyap, ARC, West, THC, Delhi and sent back the matter to Ld. Trial Court for further proceedings. The Ld. RCT has set aside the whole order of Ld. ARC which means that finding regard to the fact the petitioner is not the owner of the tenanted premises stands also set aside. The Ld. RCT infact has remanded back the case by giving prima facie findings as if the findings are final then the Ld. RCT is to pass an order under Section 15 (1) of DRC Act and only remanded the matter to the Ld. ARC for granting or not the benefit under Section 14 (2) of DRC Act. The order itself was cryptic and not clear.

5. That thereafter, the petitioner in these circumstances finding that the whole findings against the petitioner stands set aside hence, filed an application under Section 151 CPC for filing additional documents and leading additional evidence on 19.07.2016, whereby the petitioner sought to examine four witnesses i.e. i) Smt. Swaraj Chopra (wife of the petitioner being the owner of the suit premises) ii) Sh. Bhushan Kumar Chopra (one of the attesting witness to the will, agreement to sell, SPA, GPA and receipt dated 03.08.2001, iii) Concerned official from the office of Sub-Registrar-II, opposite Rajdhani College, Basai Darapur, Delhi iv) Dr. Virendra Singh, Forensic Science Laboratory, Govt. of NCT of Delhi, Sector-14, Rohini, Delhi-110055 with respect to FSL Report No. F.S.L. 2012/D-0441 dated 20.03.2012. The respondent has filed the reply to the application filed by the petitioner.

6. That the Ld. Trial Court after hearing the arguments had pleased to dismiss the application under Section 151 CPC vide order dated 03.05.2017 without appreciating the fact that firstly, the order dated 26.04.2016 is a remand order and not a final order and furthermore, the findings against petitioner was also set aside. Therefore the Ld. ARC should have given an opportunity of leading additional evidence which goes to the root of controversy between the parties.

7. That the petitioner thereafter, challenged the order dated 03.05.2017 passed by the Court of Sh. Jitendra Singh, the then CCJ-cum-ARC, West, THC, Delhi under Section 38 of the DRC Act. The appeal has been filed on 19.05.2017 and the arguments has been heard by the Ld. Appellate Court on 31.03.2021 and the appeal against the order dated 03.05.2017 has been dismissed by the court of Sh. Dharmesh Sharma, District & Sessions Judge/RCT, District: West, Tis Hazari Courts, New Delhi vide order dated 01.0