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Judgment
A very short point is involved in the present petition.
Petitioner is defending an eviction petition which has been filed on the
ground of bona fide requirement, as contemplated under Section 14(1)(e) of
Delhi Rent Control Act,1958.
An application seeking leave to defend was filed by the tenant and
reply to the abovesaid application was also filed by the landlady.
The learned Controller granted time to the tenant to file rejoinder but
since the rejoinder was not filed within the time granted by the Court, the
application filed by the tenant under Section 151 CPC, for allowing her to
submit her rejoinder, has been dismissed.
Such order is under challenge.
Learned counsel for respondents/landlady appears on advance notice.
It is submitted that the next date in the abovesaid matter is 31.11.2025
when the learned Controller would hear arguments on leave to defend
application.
Learned counsel for respondent/landlady submits that though the
petitioner herein is not entitled to be given any further indulgence, without
prejudice to her rights and contentions, she would have no objection if she is
directed to submit rejoinder affidavit within two working days from today,
albeit, subject to some condition.
Learned counsel for petitioner submits that the rejoinder is virtually,
ready and would be submitted before the learned Controller by 08.08.2025.
In view of above assurance given by learned counsel for petitioner and
after hearing learned counsel for respondent, the present petition is disposed
of with direction that let such rejoinder be filed on or before 08.08.2025 and
for causing delay in the matter, the petitioner is burdened with cost of
Rs.10,000/- which shall be payable to the respondent/landlady on the date
fixed before the learned Controller i.e. 31.11.2025.
Needless to clarify, the rejoinder shall be, strictly, within the
permissible confines.
The present petition is disposed of in aforesaid terms.
The pending application also stands disposed of in aforesaid terms.