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RITU TAGORE
Hotel Lodhi Pvt. Ltd – Appellant
Versus
Ashoka Readymade Store – Respondent
JUDGMENT
Mrs. Ritu Tagore, J.(Oral)
Petitioner has assailed the order dated 19.09.2019 (Annexure P-8), passed in a Rent Petition No.562 of 2015 titled as 'Hotel Lodhi Pvt. Ltd. v. Ashoka Readymade Store etc', whereby by learned Rent Controller, Ludhiana has closed the evidence of petitioner. Further, an order dated 19.10.2022 (Annexure P-9), rejecting the application to recall the order dated 19.09.2019, has also been challenged.
2. Learned counsel for the petitioner submits that the petitioner-landlord filed a petition under Section 13 of the East Punjab Rent Restriction Act, 1949 (referred to as 'the Act') for eviction of the respondents from the shop as detailed in the head note of the Rent Petition, on the grounds of non-payment of rent and house tax, and for personal use and occupation. The respondents caused their appearance in the aforesaid Rent Petition and filed written statement, refuting the averments of the petitioner. It is stated that, learned Rent Controller, assessed the provisional rent and thereafter posted the petition for evidence after framing the issues on 16.04.2018.
3. The learned counsel representing the petitioner while referring to the zimini orders (Annexu
Parties in litigation must be granted adequate opportunities to present their case, and procedural delays should not prevent justice if not caused by mala fide intentions.
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
The denial of the opportunity to adduce evidence renders the exhibition of documents meaningless, emphasizing the necessity for competent witnesses to prove documents in court.
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