ANIL RAJPUT Vs. VED KUMARI SYAL

JUDGEMENT

(1.) Tenant has invoked revisional jurisdiction of this Court assailing the order dated 25.9.2008 passed by Rent Controller Chandigarh as well as order dated 4.3.2010 passed by Appellate Authority, Chandigarh.

(2.) Both the counsel appearing before this Court fairly stated that although affidavit of examination-in-chief was filed but Anup Syal-PW-2 could not be cross examined. It has further been stated by both the learned Counsel for the parties that shop was sought to be vacated on the bonafide requirement of Mr. Anup Syal. Learned Counsel for the parties further stated that the matter requires remand to the learned Rent Controller for passing fresh judgment after cross examination of Mr. Anup Sayal. Both the learned Counsel further stated that orders impugned may be set aside and case may be remanded to learned Rent Controller to decide it afresh after cross examination of Mr. Anup Syal.

(3.) In view of the consent of learned Counsel for the parties, impugned orders are quashed. Case is remanded to learned Rent Controller. Parties shall appear before the learned Rent Controller on 7.10.2010. On 7.10.2010, learned Rent Controller shall fix a date for cross examination of Mr. Anup Syal. After the cross examination of Mr. Anup Sayal, learned Rent Controller shall pass fresh order in accordance with law at its own merits after hearing both the parties. Learned Rent Controller shall complete all the exercise preferably within three months from 7.10.2010.