BHAJAN SINGH Vs. AVTAR SINGH KOLAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 2.4.2010, passed by the learned Rent Controller, Ludhiana, vide which the application moved by the petitioners to allow Ravi Kumar, Oversear/Building Expert, to take measurements of the property in possession of the respondent/Narinder Kaur, has been dismissed.

(2.) The learned trial Court rejected the application in view of the fact that the landlord/respondent filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act (for short 'the Act'), wherein application for leave to defend has been moved by the petitioners herein.

(3.) The learned Rent Controller observed that it was pleaded by the landlord, that the property was rented out to the petitioners by Jeewan Singh father of the landlord, and copy of the rent note has also been placed on record. Therefore, there was no dispute qua the identity of the shop, in possession of the petitioners as tenants. The learned Rent Controller held that there was no necessity for building expert to visit the spot and take measurement of the property, in possession of the respondent, as the matter in controversy is regarding the shop under the tenancy of the petitioners as tenants. The learned counsel for the petitioners vehemently contends, that the order passed by the learned Rent Controller cannot be sustained in law, inasmuch as the petitioners in support of their application for leave to defend, were wanting to place on record the measurement of the shop in their possession and the one in possession of the respondent/landlord, so as to controvert the plea of personal necessity.