Mr. Rakesh Nanda v. Ms. Renu Gupta

1. This petition under Article 227 of the Constitution of India impugns the order of the Additional Rent Controller dated 13.8.2014 by which the Additional Rent Controller has directed the petitioner herein/respondent to file the written statement. The impugned order simultaneously records that whatever documents were with the petitioner in the trial court/respondent herein have already been supplied to the petitioner herein/respondent in the trial court, in the same form as were existing with the respondent herein, and consequently the present petitioner should file the written statement. 2014:DHC:5623

2. Since the impugned order is a short order, I reproduce the same as under:- “ Certified copy of the site plan and the photocopy of the settlement order along with typed copy in Hindi has been filed on record. Further, it is submitted by counsel for the defendant that he has not been supplied with legible copies of all the documents and also not the typed copy of all hand written documents. Counsel for the petitioner supplied copy of site plan and typed copy in Hindi of Urdu document to defendant counsel. Further, defendant has also placed on record an application u/s 151 CPC mentioning documents which are not legible to him. It is submitted by counsel for the petitioner that he himself has these documents in the same state as even he has obtained certified copies of these documents and does not have original documents. In these circumstances, the petitioner can supply the best he himself has in his possession, which he has already done. In these circumstances, petitioner has met with his requirement of supplying best legible copies of documents which he himself has. Accordingly, application u/s 151 CPC stands disposed off. Defendant is given last opportunity to file written statement within stipulated time period. To come up for further proceedings on 07.11.2014.”

3. The subject petition is a petition for eviction on the ground of nonpayment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958 where three aspects will have to be seen viz; existence of relationship of landlord and tenant between the parties; service of the demand notice; and whether inspite of service of a notice arrears of rent have been paid or not paid. These three aspects will be in the special knowledge of the present petitioner himself, and therefore obviously the endeavour in moving this petition under Article 227 of the Constitution of India is to delay the subject eviction petition.

4. Powers under Article 227 of the Constitution of India are extraordinary and discretionary powers, and which are not meant to be exercised in a routine manner, more so when it is clear that whatever documents which the respondent herein has, and in the form which the respondent has, have already been supplied to the petitioner.

5. Dismissed.

VALMIKI J. MEHTA, J OCTOBER 31, 2014 KA