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 XXII RULE 10 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 to Substitute the Applicant’s namely Sh. XXXXXXXXXXX and Sh. XXXXXXXXXX in the Place of an Original Petitioner namely M/s XXXXXXXXXXXXX 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 their 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 XXXXXXXXXXX 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. XX-X, XXXXXX, Delhi-XXXXXXX (hereinafter referred to as a “SUBJECT PREMISES”) for a Monthly Rent of INR XX.XX/- Per Month w.e.f from X^st of XXX XXXX 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 XXXXX 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 the Respondent sent the Cheque of INR X,XXX/- to the Petitioner vide Cheque No XXXXXX dated XX^th of XXX XXXX by Registered Post on XX^rd of XXX XXXX, which was duly received by the Petitioner and due to reasons best known to the Petitioner, the said Cheque 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 XXXXX XXXX, without a legal obligation, also got issued a Demand Draft bearing No. XXXXXX dated XX^th of XXX 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 over by the Petitioner.

F.   Interestingly, the Petitioner in his own Petition, tenders the fact that the Rent was not Paid from X^st of XXX XXXX onwards and the Notice as Alleged by the Petitioner was issued on X^th of XXXXX XXXX, which clearly indicates the mala-fide designs on the Part of the Petitioner to file the false and frivolous case against the respondent.

G.  In addition to the same, the Petitioner do own number of Premises/Shops within the same complex and the respondent will file the copy of all the shops & other properties, which are owned by the petitioner, 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 on false grounds.

3.   That the Provision of the Order XXII Rule 10 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 XXII RULE 10

1. Procedure in case of assignment before final order in suit.—

(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.

(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1).

4.   Under Rule 10 Order 22 of the Code, when there has been a devolution of interest during the pendency of a suit, the suit may by leave of the Court, be continued by or against persons upon whom such interest has devolved and this entitle the person who has acquired an interest in the subject-matter of the litigation by an assignment or creation or devolution of interest pendente lite or suitor or any other person interested, to apply to the Court for leave to continue the suit. But it does not follow that it is obligatory upon them to do so.

5.   Apropos to the afore-mentioned, it is a settled law that the said rule is an enabling one and permissive in nature. A Full Bench of the Patna High Court has held in MahanthSukhdeo Das versus Kashi Prasad Tiwari, AIR 1958 Pat 630: 1958 BLJR 559, inter alia, in which it was held that in spite of devolution of an Interest having taken place during the pendency of Litigation, the same can continue. It is for the assignee to appear in the Suit at any Stage and Defend himself with the Leave of the Court but he cannot seek to be brought on record as of right.

6.   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 XX-X, XXXXXXXXXX and now the Document as annexed along-side the Present Application under Reply, purportedly, titled as Partition Deed dated April X^th XXXX, in pursuant to the Oral Partition/Settlement of XXXXXXX effected on XX^st of XXX XXXX, inter alia, in which the Entire Un-Sold Portion of Property bearing Municipal No. XXXX to XXXX XXXXXXXX-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.

7.   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 XXXXXXXXXX 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. XXXXXXXX, henceforth implying the fact that that the Present Suit/Petition is instituted in the name of Sh. XXXXXXXXXX, the Individual and not under the Name of the M/s XXXXXXXXX, as such there is a discrepancy with respect to the ownership/Landlord-ship.

8.   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.

9.   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 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.

2.   That the contents of Para 2 of the present Application does not pertain to the Answering Respondent, hence denied for want of knowledge. 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.

3.   That the contents of Para 3 of the present Application does not pertain to the Answering Respondent, hence denied for want of knowledge. 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 Right to sue survives in favor of the proposed Applicants. 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 in the facts and circumstances, it is just and proper that the names of the Applicants be substituted in place of original petitioner and the applicants be permitted to continue with the present Proceedings against the Respondent. 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 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.

7.   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: 22.01.2022                 THROUGH

COUNSEL

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

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 XXXXXXX XXXX

DEPONENT