PATIRAM SHARMA Vs. SATISH CHANDRA MANGAL

JUDGEMENT

(1.) With consent, heard finally.

(2.) The present Civil Revision under Section 23-E of the M.P. Accommodation Control Act, 1961 has been preferred by the petitioner/tenant being aggrieved by the interim order dated 27/6/2016 and 29/6/2016 passed by the Rent Controlling Authority (Lashkar) in Case No. 01/2015-16/90- 7; whereby, the objection raised by the present petitioner against taking of documents on record has been over ruled and while taking documents on record, objections were rejected.

(3.) Precisely stated facts of the case are that respondent/landlord filed an application under Section 23-A of the M.P. Accommodation Control Act, 1961 (for brevity "Act of 1961") before the Rent Controlling Authority (for brevity "RCA") for eviction. Notice was issued and reply / written statement was field by present petitioner. On the basis of pleadings of parties, issues were framed and matter was fixed for submission of list of evidence on 27/6/2016. On 27/6/2016, affidavit of respondent-Satish Chandra Mangal and witness Kapil Goyal were filed under Order 18, Rule 4 CPC and an application under Order 16, Rule 1 read with section 151 of CPC was preferred. Since the Presiding Officer was not available, therefore, matter was placed on 29/6/2016, on which date counsel for the respondent intended to exhibit document on record for which objections were raised by petitioner, but the same were discarded by the Presiding Officer, therefore, matter was proceeded further. Therefore, petitioner is before this Court.