HARI CHAND Vs. CHELA RAM

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the trial Court dated 12-9-1989 which has arisen out of an ejectment application filed by the petitioner-landlord Hari Chand. The impugned order has been rendered on application filed by the landlord that Phool Chand Goel, Civil Engineer be permitted to inspect the tenanted premises in order to give his report about the condition of the building. It has been observed in the impugned order that the expert opinion coming after 2-1/2 years of the institution of the application would not have much of import and therefore Mr. Goel can appear as ordinary witness to depose in the court without submitting a report in the Court.

(2.) AFTER hearing the learned counsel for the parties, I am of the view that the parties; on the point of production of Phool Chand Goel are fighting without any rhyme or reason Once Phool Chand appears in the witness box, the submission of the report prior to his appearance would not mean any loss to either of the parties. On the other hand, if the report is brought on the judicial file before Phool Chand Goel steps into the witness box, the other party would have a fair opportunity to cross examine him. After evidence of expert witness is concluded, tenant would also have an equal right to produce his own expert. This being the situation, as this Court has assessed, the revision petition has got to be dismissed with the clarification that Phool Chand Goel on his inspection would be allowed to prepare a report and give its advance copy to the Rent Controller which would he placed on the file to enable the tenant to have a copy of the same for the purpose of cross-examining the expert witness. After this is done the tenant would also be entitled to produce his expert with the same procedure. Consequently, the revision petition is ordered to be dismissed except with the clarification mentioned above No costs. Parties through their counsel are directed to appear before the Rent Controller on April 9, 1990.