'Petitioner Has Reached Dot Age': Bombay HC Directs Trial Court To Complete Nonagenarian's Cross-Examination Despite Respondent's Transfer Plea

Justice AS Gadkari, in an order earlier this month, keeping in mind the age of petitioner Trilok Singh Gandhi, directed that his cross-examination be completed within two months of receipt of the order and directed the respondent to cooperate with the trial.

"It is made clear that if the Respondent does not cooperate with the trial Court in that behalf, the trial Court is directed to record the said fact and may adopt appropriate legal remedies as may be permissible under the provisions of laws including the Civil Procedure Code," Justice Gadkari observed in the order.

Gandhi's petition, filed through Advocate Vivek Kantawala in February this year, stated that Gandhi had filed two Suits before the Small Causes Court and had filed his affidavit in lieu of Examination-in-Chief on January 21, 2020 before the trial Court. However, the respondent, Gandhi's tenant Rajendra Mehta, had not cross-examined Gandhi on one ground or the other, including that he had filed a Transfer Application for the said Suits to another Court on the ground of bias, along with certain other allegations. Mehta's counsel opposed the petition in HC.

Justice Gadkari, however, noted that Mehta seemed interested "in protracting the hearing of the Suit filed by the Petitioner for reasons best known to him" and decided to give precedence to Gandhi's age.

"It is an admitted fact on record that the Petitioner/Plaintiff is 92 years of age as of today. It appears from the pleadings of the Respondent that the Respondent is interested in protracting the hearing of the said Suit filed by the Petitioner for the reasons best known to him. For the sake of argument even if it is presumed that the Principal Judge of the Small Causes Court, at Mumbai, allows the Application for transfer of Suit to some other learned Judge, then also the fact on record remains that the Petitioner has reached dot age and the same cannot be disputed."

Small Causes Case

Gandhi's Suits before the Small Causes Court, filed in February 2019, seek eviction of Mehta from the premises in located in Central Mumbai area called Dadar on the ground of non-payment of rent by Mehta, as well as bonafide requirement of the premises by Gandhi.

According to Gandhi's Suits, which is contested by Mehta, he is a partner in an eatery called Great Punjab situated on the ground floor of the same building at Dadar, and owns the entire building and the land on which it is situated. He entered into two separate agreements with Mehta in 2007 for two adjoining premises on the 3rd floor of the building, for which he allegedly received rent only till December 2016. The Suits claim that despite repeated reminders, the rent remained unpaid.

According to the Small Causes Suits, workers in the restaurant business co-owned by Gandhi reside in the restaurant premises during non-working hours and he is finding it difficult "to cater to the requirement of the workers staying in the restaurant," hence the premises given to Mehta were required for accommodating those workers.

Case Title: Trilok Singh Gandhi vs Rajendra Kaushalraj Mehta

Citation: 2022 LiveLaw (Bom) 105

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