ROSHAN LAL MITTAL Vs. HARI SINGH

JUDGEMENT

(1.) The petitioners are tenants in the suit property of the respondents being commercial premises bearing Municipal Nos. 2 and 3, 17, Community Centre, Ashok Vihar, Delhi " 110 052. The father of the respondents had filed eviction petition on the ground of subletting against the petitioners in the year 1984 and the matter has been since pending.

(2.) The grievance of the petitioners arises from the order passed on 23.04.2003 on the application of the petitioners under Order XVI Rule 1, 2 and 3 of the Code of Civil Procedure, 1908 (hereinafter to be referred to as, 'the Code') for examining four more witnesses in support of their case. It is the case of the petitioners that evidence was material for disposal of the controversy and related to the subsequent developments. The Additional Rent Controller (for short, 'ARC'), however, rejected the application. The petitioners thereafter filed a review application, which has also been dismissed by the order dated 28.09.2005.

(3.) The petitioners seek to produce four witnesses, namely, Shri Ashok Kumar, Shri Ram Bhaj, Shri Shanti Swaroop and Shri Sanjay Kumar Mittal. The application of the petitioners was opposed by the respondents on the ground that the matter was no more res integra since the request of the petitioners to summon the witnesses mentioned in the list of witnesses had already been disallowed.