GURJEET SINGH Vs. MAJOR BHIM SAIN MEHTA

JUDGEMENT

(1.) THIS is tenant's revision petition challenging the impugned order dated 21.12.2009 passed by the Additional Civil Judge (Jr. Division), Panchkula, whereby his application to lead additional evidence filed in a civil suit for possession by way of ejectment has been dismissed vide the impugned order.

(2.) IT is the case of the petitioner that he had taken the demised premises at a monthly rent of Rs. 2,000/- in the month of July, 1999 whereas the rent claimed by the respondent is at the rate of Rs. 3,900/- per month and to prove the same, the petitioner wanted to examine Brigadier M.S. Rana (who was the earlier predecessor-in-interest of the present landlord) as a witness but earlier he failed to do so. Now, the petitioner has traced out one photostat receipt of rent at the rate of Rs. 2,000/- per month, duly issued and signed by Brigadier M.S. Rana in the month of August, 2004 Since the petitioner could not produce the said receipt earlier, he prayed for indulgence of this Court to allow him to produce the same by way of additional evidence for the just decision of the case.

(3.) ON the basis of the above contentions of both the parties, the trial Court vide impugned order held that the petitioner does not deserve any further opportunity to lead his evidence.