M/S Shreebhagwan Hosiery v. Tarun Wadhwa

1. The eviction petitions in these cases were filed by the Respondent/Landlord- Mr.Tarun Wadhwa(hereinafter, 'Landlord')against the Petitioner/Tenant in CM (M) 1476/2019 and in CM(M) 1477/2019 (hereinafter, collectively referred to as 'Tenants') in respect of one shop bearing No.1052, Ground Floor Ward No. XIV,Pan Mandi, Sadar Bazar, Delhi-110006. The Tenants had moved leave to defend applications which were allowed on 29^'' June,2015.Thereafter,evidence was going on before CM(M)1476/2019& CM(M)1477/2019 Page 1 of[3] 2019:DHC:7986 the Id. ARC.On 16^"^ April, 2018,the evidence ofthe Landlord concluded. The Tenants were leading evidence. During the examination-in-chief, an objection was raised in respect ofexhibition ofa particular document. The said document was the certified copy ofan alleged agreementto sell and an alleged Bayana receipt dated 5^^ February,2019,the originals ofwhich were part ofthe records ofa separate suit titled Ramesh Kumar Dang v. Tarun Wadhwa. The Id. counsel for the Landlord objected to the certified copy being exhibited whereupon the Tenants herein sought an adjournment to.summon the said record.

2. An application for summoning of records was moved, however, no process fee was filed. Accordingly,the summoning was allowed,thereafter, on 6^ October,2018 subject to payment ofRs.7,000/- as costs.Process fee was thereafter filed, however, waiver of costs was sought which was rejected. An appeal in respect ofthe said waiver ofcosts was also dismissed by the Appellate Court. The present appeal impugns the said order refusing the waiver ofcosts.

3. After going thi'ough the order sheet, it is clear that the Tenants have been lax in the leading ofthe evidence.Thus,no case is made outfor waiver of costs. However, it is directed that the certified copy, of the documents which the Tenants wish to exhibit,shall be exhibited subjectto the condition that it is clearly confirmed that the originals are part ofthe trial court record in the other suit being titled Ramesh Kumar Dang v. Tarun Wadhwa. The Trial Court has the option ofeither summoning the said record before it or inspection ofthe said suit record be given to the Landlord/counsel before further evidence ofthe Tenants is conducted before the Trial Court.

4. With these observations, both the petitions are disposed of. All CM(M)1476/2019& CM(M)1477/2019 Page2of[3] pending applications also stand disposed of.

5. It is made clear that no unnecessary adjournments shall be taken by the Tenants who only wish to examine one witness. The cross-examination of the said witness shall now continue and the eviction petition shall be disposed ofexpeditiously.

6. The costs shall be deposited on or before the next date before the Trial Court when DW-1 is to be cross-examined.

PRATHIBA M.SINGH,J. ^NOVEMBER01,2019 (^jxhul