Facts of the Case

The matter arises from an eviction petition filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 concerning a property situated at Nizamuddin West, New Delhi. The respondents (landlords) initiated eviction proceedings against the petitioner (tenant), Ms. Sharmila Banerjee Livingston.

During the proceedings:

  • The petitioner filed an affidavit by way of evidence.
  • The Trial Court directed that the affidavit be taken off record and granted liberty to file a fresh affidavit.
  • Additionally, the petitioner sought amendment of her written statement to rely upon an Agreement to Sell dated 19 October 1994, which had been relied upon by the respondents in a separate declaration suit.

Issues Involved

  1. Whether amendment of written statement should be allowed to incorporate reliance on an agreement already part of another judicial record.
  2. Whether the petitioner can introduce documents from another suit without formally amending pleadings.
  3. Scope and limitation of filing a fresh affidavit by way of evidence under procedural law.
  4. Whether respondents are entitled to rebuttal evidence when additional judicial records are exhibited.

Petitioner’s Arguments

  • The petitioner contended that the respondents themselves relied upon the Agreement to Sell dated 19 October 1994 in another suit.
  • Therefore, she sought permission to:
    • Amend her written statement, and
    • Rely upon and incorporate the said document into the present eviction proceedings.

Respondent’s Arguments

  • The respondents did not dispute that the said agreement had been produced in another suit.
  • They expressed no objection to the document being exhibited in the present proceedings.
  • However, they opposed unnecessary amendment of pleadings.

Court’s Findings / Order

The Delhi High Court passed a balanced procedural order:

1. On Amendment of Written Statement

  • The Court declined the amendment request.
  • However, it permitted the petitioner to:
    • Summon the judicial record of the earlier suit
    • Exhibit relevant pleadings and documents from that record

Thus, reliance on documents was allowed without formal amendment.

2. On Fresh Affidavit by Way of Evidence

  • The Court upheld the Trial Court’s direction permitting a fresh affidavit.
  • It clarified:
    • The affidavit must be restricted to existing pleadings and documents on record
    • No new averments regarding summoned judicial records are permitted

3. On Use of Judicial Record from Another Case

  • Documents from another case may be exhibited
  • However:
    • They cannot be used to introduce new pleadings
    • Only evidentiary value is permitted

4. On Rebuttal Evidence

  • Since new documents are being introduced via judicial record:
    • The respondents were granted the right to lead rebuttal evidence after petitioner’s evidence concludes

5. Direction for Expeditious Disposal

  • Considering the age of the matter, the Trial Court was directed to expedite disposal of the eviction petition

Important Clarifications

  • Amendment of pleadings is not mandatory when documents can be brought through judicial record.
  • Affidavit evidence must strictly conform to existing pleadings.
  • Judicial records from other proceedings can be exhibited, but cannot expand pleadings.
  • Right to rebuttal evidence is preserved where procedural fairness demands.

Sections Involved

  • Section 14(1)(e), Delhi Rent Control Act, 1958 – Eviction on bona fide requirement
  • Order XIX Rule 3, CPC – Affidavit evidence and its scope

Link to download the order -  https://delhihighcourt.nic.in/app/case_number_pdf/2019:DHC:7997/PMS20112019CMM1052019_152845.pdf

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