J. S. Khehar, J. - (1.) The respondent-landlord, Wazir Chand Mogla filed an ejectment petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949. Copies of documents to be relied upon by the landlord were, however, not attached with the ejectment petition. Rather than filing his written statement, the tenant-Ved Parkash moved an application dated 23rd August, 1996 with the solitary prayer that the landlord be directed to disclose the documents and records in his possession on which he would be relying on to establish the averments made in the ejectment petition. The landlord, Ved Parkash Mogla filed his reply dated 2nd September, 1996 to the aforesaid application. In para 5 of the reply, it was inter alia stated:- "The production of documents is not necessary for framing a written reply by respondent. Although the documents sought are neither relevant nor proper to be produced at this stage and that pieces of evidence would be brought on record at the time of adducing evidence by the petitioner, yet to obviate any possible objection and to curtail the sphere of controversy, the petitioner produces the following documents: (a) photocopies of statements of income for the financial years 1994-95, 1995-96 and 1996-97 alongwith photocopies of the relevant acknowledgements; (b) Photocopy of Pension Payment Order No. 11593; (c) Photo copies of FDRs No. 318341, 126520, 318391, 126521; (d) Photo copies of N.S.Cs Nos. 07DD 557469, 09EE 156063, 03DD 126076, 07DD 964716, 09EE 085006, 03DD 0600229; (e) Photo copy of sale deed dated 15th November, 1972 showing purchase of site underneath House No.BXXVI.745/7, Shakti Nagar, Ludhiana; (f) No instrument of tenancy had been executed between the parties at the time of creation of tenancy. The desired documents having been produced and information brought on record, the application is not competent at all." A perusal of the aforesaid reply reveals that the landlord expressly produced the documents to be relied upon and also made a specific averment to the effect that no Rent Note was executed between the parties at the time of commencement of the tenancy. Besides the aforesaid reply, the landlord also filed an application dated 10th July, 1996 with the prayer that he be permitted to place on the record of the case duly attested copies of various documents. Nine documents, which were appended to the application were delineated in the list of documents attached. An extract of the list attached to the application dated 10th July, 1996 is being reproduced hereunder: "1. Modern Indian Language Examinations certificate issued in favour of Nirmal Kumar @ Sneh Lata on 27th July, 1954. 2. Matriculation examination certificate issued in favour of Nirmal Kumari @ Sneh Lata on 15th May, 1956. 3. Sale deed executed in favour of Wazir Chand petitioner on 15th November, 1972. 4. Copy of birth entry of Shiv Kumar Mogla son of the petitioner recorded in April, 1984. 5. Two copies of merits certificates in respect of Shiv Kumar Mogla issued by the Principal, Sacred Heart Convent School. 6. Copy of certificate No. 1149/G, dated 12th March, 1996 issued by Shri A.S. Sodhi, District & Sessions Judge, Ludhiana to the petitioner. 7. Copy of Pension Payment Order No. 11593 issued by the Accountant General, Punjab, allowing pension to the petitioner. 8. N.S.Cs/15 and F.D.Rs/4 valuing Rs.2,85,000/-. 9. Copy of rent collection register."
(2.) Having become aware of the documents to be relied upon by the landlord, which were appended to the reply dated 2nd September, 1996 and with the application dated 10th July, 1996, the tenant, Ved Parkash filed his written statement dated 23rd December, 1996.
(3.) The landlord being agitated by the slow pace at which the ejectment petition was moving, approached this Court by filing C.R. No. 3319 of 1999, title as Wazir Chand Mogla v. Ved Parkash, seeking a direction from this Court to the Rent Controller for deciding the ejectment petition within a time period. Simultaneously, he moved a representation dated nil before the Inspecting Judge for the time bound disposal of his ejectment petition in November, 1999. Honble V.K. Bali, J., the Inspecting Judge passed a favourable order on the aforesaid representation on 27th November, 1999, whereupon the landlord, Wazir Chand Mogla moved an application under section 151 of the Code of Civil Procedure with the prayer that C.R. No. 3319 of 1999 had been rendered infructuous and that the same be dismissed as withdrawn. On 2nd December, 1999, C.R. No. 3319 of 1999 was accordingly dismissed as withdrawn.;