No More Delays – Bring Your Witnesses Tomorrow or Lose the Chance Forever: Delhi High Court Warns Tenant in Eviction Case

“Eviction Cases Filed on Grounds of Bona Fide Requirement Cannot Be Allowed to Linger Indefinitely,” - In a firm yet fair ruling passed on April 7, 2025, the Delhi High Court granted tenant Pramod Kumar Jain one final opportunity to examine his witnesses — namely neighbours and an MCD official — in an ongoing eviction case filed by his landlady Seema Gupta. However, Justice Manoj Jain warned unequivocally that this would be the last such chance and that no further indulgence would be entertained.

The eviction petition, which is now at the final argument stage, was filed by Seema Gupta citing bona fide need for the premises. The High Court was dealing with two connected petitions — CM(M) 3018/2024 and CM(M) 98/2025 — in which the tenant had sought permission to lead additional evidence.

“The respondent has fairly stated she has no objection to one opportunity being granted, provided there is no further delay in proceedings,” recorded the Court, while acknowledging the landlady’s concession. But the judge was equally mindful of the time-sensitive nature of such litigation. “The purpose of filing the eviction petition on the ground of bona fide requirement would be rendered infructuous if unnecessary delays are allowed,” Justice Jain observed.

The tenant’s counsel had submitted that he would himself ensure the presence of the concerned neighbours before the Rent Controller the following day. It was also submitted that the same MCD official was likely to appear in a connected eviction petition against another tenant, Salekh Chand Jain, and the High Court permitted the said official to be examined in the present matter as well, but only if he turned up on that date.

“If the MCD official appears before the Court tomorrow with relevant record, albeit in a different case, he shall be permitted to be examined in the present eviction petition,” said the Court, adding a clear warning — this was a one-time liberty.

“The petitions are disposed of with the express understanding that this is the last opportunity to lead evidence,” ruled the High Court, making it abundantly clear that delays in eviction matters, especially those based on genuine need, cannot be tolerated in perpetuity.

The Court reserved all rights and contentions of the parties and ordered that the proceedings continue before the learned Rent Controller without further delay.

Date of Decision: 07 April 2025