JUGMENDER DASS DHAN KANWAR Vs. TULEY RAM

JUDGEMENT

(1.) This is an appeal against the order dated 5th July, 1986, passed by Mr. M.A. Khan, Rent Control Tribunal, affirming the order dated 18th March, 1986, of Mr. A.K.Garg, Additional Rent Controller. By the said order the evidence of the appellants was closed.

(2.) The main contention of counsel for the appellants is that a. litigant should not suffer for the mistake of the officials of the court in the performance of their duties.

(3.) The facts are briefly set out. The respondent, Mr. Taley Ram filed a petition praying that the appellants be evicted under the provision of section 1 4(l)(a) and (b) of the Delhi Rent Control Act, 1958. On 9th September, 1985, the trial court closed the evidence of the appellants. The appellants preferred an appeal against this order to the Rent Control Tribunal. Thereafter, on 11th December, 1985, before the Rent Control Tribunal, the respondent agreed to the appellants being permitted to examine certain witnesses. The Rent Control Tribunal while disposing of the appeal, directed the trial Court to fix a date for recording the evidence of the appellants. The relevant portion of the order is read as follows :