IN THE COURT OF SH. XXXXXXXXX, LD. ADDITIONAL RENT CONTROLLER-XX, TIS HAZARI COURTS, DELHI.

EVICITION CASE NO XXX/XXXX 

IN THE MATTER OF:-

Sh. XXXXXXXXXXXX                                         : PETITIONER

VERSUS

Sh. XXXXXXXXXX                                              : RESPONDENT

N.D.O.H.: XX.XX.XXXX 

REPLY ON BEHALF OF THE RESPONDENT TO THE APPLICATION AS FILED BY THE PETITIONER UNDER THE PROVISION OF ORDER VII RULE 14 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908.

MOST RESPECTFULLY SHOWETH:-

1.   That the afore-mentioned Interim Application under Reply has been filed by the petitioner inter alia seeking permission of the Hon’ble Court to take on record the office copy of notice of demand dated-XX.XX.XXXX as evident from the Prayer Clause of the Interim Application under Reply herein, and having gone through the entire copy of the Interim application and understanding the purport and contents thereof, the respondent is filing his reply to the same.

2.   That in Brief, the respondents are reiterating the true and correct facts for the convenience of this Hon’ble Court, which are as follows-

A.  That the Petitioner i.e., M/s XXXXXXXX through its Karta had filed an Eviction Petition under the Provision of Section 14(1)(a) of the Delhi Rent Control Act for the Property bearing No. XXXX-X, XXXXXX, Delhi-XXXXXX (hereinafter referred to as a “SUBJECT PREMISES”) for a Monthly Rent of INR XX.XX/- Per Month w.e.f from 1^st of April 2012 and earlier the Rent was INR XX/- Per Month.

B.  That the Petitioner further alleges that the Respondent failed and neglected to make the Payment of Rent despite the Service of Demand Notice dated X^th of XXXXX XXXX, henceforth the Petitioner was constrained to initiate appropriate proceedings under Section 19 of the Slum Act, in which, vide an Order dated XX^th of XXX XXXX, the said Application was allowed.

C.  It is pertinent to note herein, that the Petitioner further alleges the fact that the Respondent is in arrears of Rent w.e.f XX.XX.XXXX and the fact that the Petitioner received no Pay Orders or any Letter from the Respondent.

D.  That the Respondent did sent the Cheque of INR X,XXX/- to the Petitioner vide Cheque No XXXXXX dated XX^th of XXXXXX XXXX by Registered Post on XX^rd of XXXXX XXXX, which was duly received over by the Petitioner and due to reasons best known to the Petitioner, the said Cheques was not presented just to file the Present Eviction Suit on the false pretext.

E.  In addition to the same, the Respondent once again on XX^th of XXX XXXX, without a legal obligation, also got issued a demand draft bearing No. XXXXXX dated XX^th of XXXXXX XXXX for INR X,XXX/- which was also sent by the Registered Post to the Petitioner but the same was also not tendered upon by the Petitioner, hence it is apparent that it is the Petitioner, who even post receiving the Cheques and Demand Draft are not presenting the same for an encashment, so that the Present Frivolous Suit/Petition can be filed by the Petitioner.

F.   Interestingly, it is stated in the petition by the Petitioner that the rent was not paid from X^st of XXXXX XXXX onwards and the Notice as Alleged by the Petitioner was issued on X^th of XXX XXXX, which clearly indicates the mala-fide designs on the Part of the Petitioner.

G.  In addition to the same, the Petitioner do own number of of Premises/Shops within the same complex, which comprises of several floors, as of the subject property and the present petition is only filed by the petitioner to evict the respondent in an illegal manner and by presenting false facts before this Hon’ble Court, just in order to evict the respondent from the Property in Question.

3.   That the Provision of the Order VII Rule 14 is reproduced herein for the Convenience of this Hon’ble Court as well as for the Convenience of the Parties concerned in the Matter

ORDER VII RULE 14

1. Documents relied on in Plaint - Production of document on which plaintiff sues or relies

(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such documents not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiff’s witnesses, or, handed over to a witness merely to refresh his memory.

4.   That the Respondent states that the Present Application, which craves the document allegedly purporting to be the Notice for demand dated XXXX X^th XXXX, is pre-mature and the same cannot be taken on record as the said Alleged Demand Notice is a defective Notice.

5.   That it is to be noted that without prejudicing the other rights of the Respondent, the Present Demand Notice and the Application cannot be allowed, till the Pending Application under the Provision of Order XXII Rule 10 is not adjudicated, as there is a cast of doubt to the fact that the Proposed Applicants, who are not the owner of property, have filed the Present Application are actually the owners of the Property or not, as a result of which the Present Demand Notice is defective as the Respondent disputes the ownership of Sh. XXXXXXXXX and XXXXXXXXX.

6.   Apropos, to afore-mentioned, it is also stated by the Respondent that the Respondent never received the Alleged Notice dated XXXX X^th, XXXX and even otherwise, the Present Demand Notice is not in conformity with the Laws as laid down by the Hon’ble Courts and also not in compliance of the Provision of the Delhi Rent Control Act, as a result of which the Present Notice and the Application is a gross abuse of Law and Justice.

7.   That the Respondent states that the Present Petition under the Provision of Section 14(1)(a) of the Act is filed for the Municipal Number XXXX-X, XXXXXXXXXXX and now the Document as annexed along-side the Present Application under Reply, purportedly, titled as Partition Deed dated XXX X^th XXXX, in pursuant to the Oral Partition/Settlement of XXXXXXXXX effected on XX^st of XXXXX XXXX, inter alia, in which the Entire Un-Sold Portion of Property bearing Municipal No. XXXX to XXXX XXXXXXXXXXX-XXXXXX, was to be owned by the Proposed Applicants, and as such the Present Application under Reply was filed, as a result of which the Present Proposed Applicants/Petitioners are minus any of the Locus Standi to substitute the existing Petitioner in terms of the Subject Property as there is no Privity of Contract.

8.   That the Respondent, craves the attention of this Hon’ble Court to certain documents, inclusive of an Affidavit as filed along-side the Present Petition, Rent Receipts and an Application under Order XII Rule VI as filed, in which it is clear that the Petition was filed by the XXXXXXXXX in his own capacity and similarly the Rent Receipt as issued was in the Individual Name as well as the Case titled in Application under Order XII Rule 6 is also in the Capacity of the Individual Name of Sh. XXXXXXXXXXX, henceforth implying the fact that that the Present Suit/Petition is instituted in the name of Sh. XXXXXXXXXXX, the Individual and not under the Name of the M/s XXXXXXXX, as such there is a discrepancy with respect to the ownership/Landlord-ship.

9.   That the Respondent brings another thing to Notice in connection with this Rule is that a Party on whom the Interest of the Deceased Plaintiff or Defendant devolves is not entitled to continue the Suit or Appeal as a matter of right and the Ld. Courts post seeing all the documents on record had to record its discretion. In detail to enable to allow or dispose of the Application as the Word used in the Provision is May and Not Shall.

10. That the Respondent further crave the leave of this Hon’ble Court to argue on any additional ground or a point as raised afore said at the Time of Hearing of the Application.

REPLY ON MERITS :-

That the Answering Respondent, here under gives its Para-wise comments to the Interim Application as filed by the Petitioner, without prejudice to what is stated above. The Answering Respondent emphatically denies all that is contained in the Interim Application which is contrary or inconsistent with what is stated by the Answering Respondent herein. Unless any averment of the Interim Application is specifically admitted by the Answering Respondent herein, irrespective of whether a specific traverse is made or not and non-dealing with any particular averment(s) may not be taken as an implied Admission.

1.   That the contents of Para 1 of the present Application under reply same may kindly be read as part and parcel of Para no.1 of this application as the same are not being repeated herein for the sake of brevity.

2.   That the contents of Para 2 of the present application under Reply same may kindly be read as part and parcel of para no.2 of this application as the same are not being repeated herein for the sake of brevity.

3.   That the contents of Para 3 of the present Application is wrong and the same is denied. It is denied that the Applicants being landlords have got issued and served upon a respondent a notice of demand dated XX.XX.XXXX, wherein the respondent was called upon to enhance the rent by XX% and to pay the rent @XX.XX PM w.e.f XX.XX.XXXX. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

4.   That the contents of Para 4 of the present Application is wrong and the same is denied. It is denied that the aforesaid notice was sent through registered post on XX.XX.XXXX and the same was duly served upon the respondent on XX.XX.XXXX. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

5.   That the contents of Para 5 of the present Application is wrong and the same is denied. It is denied that aforesaid notice of demand is relevant and material for the purposes of passing order under section 15 of the DRC Act as well as for deciding the Present Eviction Petition. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

6.   That the contents of Para 6 of the present Application is wrong and the same is denied. It is denied that no prejudice shall be caused to the Respondent if the said notice of demand is taken to be on record as the matter is at initial stage. It is denied that there shall be prejudice caused to Applicants if the present Application is not allowed. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

7.   That the contents of Para 7 of the present Application is wrong and the same is denied. It is denied that in the facts and circumstances, it is just necessary and proper that this hon’ble Court may kindly be pleased to take on record the Notice of Demand Notice dated XX.XX.XXXX. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

8.   That the contents of Para 8 of the present Application is wrong and the same is denied. It is denied that the Present Application is being made in the interest of Justice and the same is most bona-fide one. However, the contents of the Application under Reply same may kindly be read as part and parcel of this application as the same are not being repeated herein for the sake of brevity.

9.   That the prayer clause of the Interim Application under reply is wrong and same is denied. It is denied that in view of the aforesaid mentioned facts and circumstances of the case this Hon’ble court may allow the Present Application.

PRAYER

It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to dismiss the application under reply filed by the Petitioner with heavy costs.

A.  Dismiss the Present Application

B.  Any other or further order may be passed which this Hon’ble Court may deem fit and appropriate in view of the facts and circumstances of the case in hand.

PLACE: NEW DELHI                                  RESPONDENT

DATE: XX.XX.XXXX               THROUGH

COUNSEL

IN THE COURT OF SH. XXXXXXXX, LD. ADDITIONAL RENT CONTROLLER-XX, TIS HAZARI COURTS, DELHI.

EVICITION CASE NO XXX/XXXX 

IN THE MATTER OF:-

Sh. XXXXXXXXXXXX                                         : PETITIONER

VERSUS

Sh. XXXXXXXXXX                                              : RESPONDENT

AFFIDAVIT

1.      I say that I am the Respondent in the above Petition and competent to swear this Affidavit.

2.      I am conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.

3.      I say that Contents of Reply of the Interim Application are true to my knowledge. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me is correct.

DEPONENT

VERIFICATION:-

I, deponent named hereinabove, do hereby solemnly affirm and verify, that the contents of the above Affidavit are true and correct to my knowledge. No part of it is false, and nothing material has been concealed therefrom.

Verified at Delhi on this ___ day of XXXXX XXXX

DEPONENT