RAOUL Vs. THIERRY SANDAMMALLE

JUDGEMENT

(1.) THIS Civil Revision Petition arises against the order dated 11. 06. 20 04 in I. A. No. 32 of 2004 in HRCOP No. 46 of 2003 by the Rent Controller at pondicherry, in and by which, the Rent Controller has permitted the landlady to file proof affidavit as a substitute of her statements in the chief examination. This act of accepting proof affidavit is disputed by the revision petitioner / respondent / tenant.

(2.) LEARNED counsel for the revision petitioner / tenant submitted that Rule 5 of Order 18 C. P. C. contra to Rule 4 of the same, requires evidence and not proof affidavit in appealble cases of this nature. Even if provisions of Civil Procedure Code are not applicable to Rent Control process as was so held in Sakunthala and others. . vs. . A. Devi (1999 (1) M. L. J. 101), rule 13 (2) of Pondicherry Buildings (Lease and Rent Control) Rules, 1980, also requires notes of evidence.

(3.) WHAT is contained in Rule 13 (2) of the Pondicherry Buildings (Lease and Rent Control) Rules, 1980 is as follows: 13 Procedure for the dismissal of the applications:-