SIRAJ KHAN Vs. MOHD MANGE KHAN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, assails an order dtd. 17/5/2022, passed by the learned Rent Controller ("the learned RC"), whereby an application, moved by the petitioner under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (CPC) in RC/ARC 5342/2016 (Mohd. Mange Khan v. Siraj Khan) was dismissed. The petitioner was the respondent before the learned RC.

(2.) Given the limited nature of the controversy, we need not burden ourselves with the dispute between the parties. For the purposes of the present order, suffice it to state that, on 21/8/2019, the evidence of the fourth witness of the respondent (the petitioner before the learned RC), PW-4 Yaseen, was recorded. Despite grant of opportunity, he was not cross-examined by the petitioner. The record of proceedings on 21/8/2019 reads thus:

(3.) Thereafter, the suit proceeded, the petitioner's witnesses were examined and cross-examined and the matter was finally heard. It was reserved for orders, to be pronounced at 4:00 PM on 17/5/2022.