Pradhan Tejta vs Suresh Vishindas Wadhwa And Others

Sureshwar Thakur, J

Caveat No. 112 of 2019 Disposed of.

CMPMO No. 158 of 2019

The instant petition is directed against the dis­ affirmative findings recorded by the learned Rent Controller, Shimla, upon, an application cast under the provisions of Order 6 Rule 17 readwith Section 151 of Code of Civil Procedure, wherethrough leave to add hence the preliminary objection No.5, was strived, to be, therefrom obtained by the petitioner herein.

The petitioner herein is, respondent No.1(a) in Rent Petition No. 89­2 of 2011, and, her eviction from the demised premises is strived, on, anvil of her subletting the afore premises to respondent No.1, one Shri Ajit Singh (a) without an explicit written consent of the landlord, and (b) on anvil, of, non­payment of arrears of rent.

The learned counsel for respondent No.1, states at bar that, upon, the afore initial strived ground of eviction, of petitioner, from the demised premises, an apposite issue has been struck , (i) and, he further submits that both the contesting litigants have adduced their respective evidence thereon, (ii) besides, he also submits that the counsel for the petitioner herein has availed the fullest opportunities, to cross­examine the land­lord's evidence, vis­a­vis, the petitioner herein without the express consent of the landlord, rather inducting one Ajit Singh, as, a sub­tenant in the demised premises. Since, he further submits that the afore Rent petition, has extantly arrived up to, the stage of arguments, and, arguments upon the afore Rent Petition stand already addressed in August, 2015, and, (ii) thereafter miscellaneous applications were preferred before the learned Rent Controller, and, one of the adversarial order(s) made thereon, was assailed before this Court, whereon, a decision also adverse to the petitioner was recorded, (iv) thereupon it appears that the belated endeavor of the petitioner herein, to beget, the afore amendment, is, a gross abuse of process of the Court. The predominant reason for forming the afore conclusion is based, upon the factum qua with the entire evidence, on the relevant issue being adduced, and, when the petitioner herein, has availed the fullest opportunities to cross­examine, the landlords evidence, upon, the afore issue, (v) thereupon it is now only for the Rent Controller to evaluate the afore evidence, dehors, the afore strived amendment, given the afore endevour, being naturally an attempt to scuttle the afore completed exercise. The learned Rent Controller is directed to decide the afore rent petition within a period of three months.

In view of the above, the present petition stands dismissed alongwith all pending applications.