IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
Jitender Kukreja – Appellant
Versus
Sanjay Sood – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
How at times a desperate attempt to decide a case expeditiously actually results in the delay of the disposal of the case is best reflected in the instant case.
2. The petitioner is the tenant under respondents No. 1 to 3 and he was facing a petition for eviction on the ground that the respondents require the premises for the purpose of re-building and reconstruction, impairment of value and utility of the premises, unfit and unsafe and also on the ground that the petitioner has sublet the premises in favour of the proforma respondent.
3. According to the petitioner, a joint petition was filed in respect of two shops alleging therein that partition has been made by the petitioner and now one shop has been converted into two shops.
4. The petitioner contested the said petition by filing a reply wherein it has been alleged that there was no relationship of landlord and tenant between the parties and therefore, the petition is not maintainable. It is urged that the petitioner has taken two different shops on rent on different dates vide two different agreements executed by Smt. Surinder Kaur, who is the land lady/owner of the said shop. One shop was take
The court held that a Rent Controller must allow applications for document admission before assessing their relevance, prioritizing fair trial over procedural delays.
Timely judicial intervention is essential in eviction proceedings to safeguard the rights of landlords against procedural delays.
The main legal point established in the judgment is that the delay in filing an application for leave to contest under the Delhi Rent Control Act must be beyond the tenant's control and a substantial....
The court emphasized the necessity for timely justice and the detrimental impact of routine adjournments on the justice delivery system.
A justice-oriented approach must be adopted in condoning delays, focusing on 'sufficient cause' rather than hyper-technical grounds.
CPC is not applicable to rent cases as it is applicable strictly to Civil Suits, but principles contained in provisions of CPC are applicable for adjudication of Rent Petition also.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.