BRIJ MOHAN AGGARWAL Vs. LAXMI NARAIN ALIAS LICHHU

JUDGEMENT

(1.) THE present revision petition has been filed by Brij Mohan Aggarwal directed against the order passed by the learned Rent Controller, Hisar dated 23.8.1991. By virtue of the impugned order, the learned Rent Controller dismissed the application filed by the petitioner seeking restoration of the main petition.

(2.) AT the outset it can well be mentioned that though in the petition large number of prayers had been made but since only the copy of one order has been filed, this court is confining itself to the legality and propriety of the same.

(3.) UNDER the Haryana Urban (Control of Rent and Eviction) Act, 1973, the Controller has not been given all the powers of the civil court. The provisions of Civil Procedure Code have not been made applicable in toto. The Controller thus is not a civil court though it may have the trapping of the civil court. Under Section 10 of the said Act, the authority has been given the same power of summoning and enforcing the attendance of witnesses and compelling the production of evidence as mentioned in the Code of Civil Procedure. Under Section 18 of the Act, every order under the provisions of the Act could be executed by the civil court having jurisdiction as if it was a decree or order of that Court. But strict other provisions of the Code have not been made applicable. Therefore, the learned Rent Controller was in error in strictly following the relevant provisions of the Code of Civil Procedure.