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DEEPAK GUPTA
Harbir Automobiles – Appellant
Versus
APS International Pvt. Ltd. – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
Petitioner herein is the respondent-tenant before the ld. Rent Controller, Chandigarh in Rent Petition No.248 of 2018 filed by the landlord M/s APS International Pvt. Ltd. (respondent herein). He is aggrieved by the order dated 01.07.2024 (Annexure P10) as passed by ld. Rent Controller, Chandigarh whereby, application of the landlord to lead additional evidence was allowed by granting two opportunities.
2. To avoid confusion, parties shall be referred as landlord and tenant.
3. Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, as applicable to Chandigarh, for ejectment of the tenant was filed by the landlord company in May 2018 on the ground of non-payment of rent and the personal necessity of the landlord-company. Tenant opposed the petition. Necessary issues were framed. During its evidence, the petitioner examined PW1 Ravi Kant Sawhney, Deputy General Manager, through whom the petition was filed; and one Keshav Kumar, Accounts Manager of the landlord as PW2, who were duly cross-examined and then evidence was closed by the landlord through statement of its counsel. Harbir Singh, partner of the tenant, tendered his affidavi
The court affirmed that inherent powers under Section 151 CPC allow for additional evidence if it aids in just adjudication, despite the deletion of Order 18, Rule 17A.
The landlord's bonafide requirement for commercial use of residential property is valid if tenants are already using it commercially, and previous dismissals do not bar new petitions based on new evi....
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The court emphasized that additional evidence may only be permitted under exceptional circumstances, not as a routine, and evaluated the impact of delay on justice delivery.
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