DARBAR SALES (INDIA) Vs. KAMALDEEP SINGH SETHI

JUDGEMENT

(1.) Petitioners herein, who are the respondents in the rent petition, are challenging the order dated 24.02.2020 passed by the Rent Controller, Ludhiana, whereby the evidence of the petitioners has been closed by the Court order and the case was fixed for rebuttal evidence.

(2.) Brief facts of this case are that the respondents herein had filed a rent petition for seeking eviction of the petitioners herein from a rented premises on the ground of personal necessity. The said petition was filed on 09.12.2016. Since then the case has been adjourned several times. Ultimately the evidence of the petitioners before the Rent Controller was closed by order of the Court and the evidence of the respondents in the rent petition was started. However, even after obtaining several opportunities, the respondents in the rent petition did not complete the evidence. This compelled the trial Court to close their evidence by order of the Court.

(3.) It is submitted by the learned counsel for the petitioners that the petitioners have not taken much time to lead their evidence. In fact, on 14.12.2019 the trial Court had allowed the application filed by the petitioners for a direction to the respondents to produce the documents like PAN Card and the ITR. However, the respondents had not produced the said documents. The evidence of the petitioners could not have been led in absence of those documents. Hence the petitioners cannot be blamed for not leading their evidence. Hence the impugned order deserves to be set aside and the petitioners deserve to be granted appropriate opportunities for leading their evidence.