KULWANT KAUR PADDA Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.12.2009 passed by the learned Rent Controller, Bathinda by which affidavit dated 03.08.2009 (Ex.P1/A) filed by the Petitioner/landlady Kulwant Kaur in her examination-in-chief has been ordered to be de-exhibited.

(2.) In brief, the Petitioner/landlady filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act") on 19.11.2008 to seek eviction of the Respondent from the demised premises, in which initially an application filed by the Respondent for leave to defend was dismissed on 12.03.2009 and the order of eviction was passed, but that order was reversed by this Court in CR No. 1821 of 2009, decided on 18.05.2009, with a direction to the learned Rent Controller to decide the case within six months. Consequently, written statement was filed by the Respondent and while leading her evidence, the Petitioner/landlady filed her affidavit in examination-in-chief, on which she was cross-examined. Thereafter, the Respondent examined their witnesses and after the evidence of both the parties, case was fixed for arguments. At this stage, the Respondent filed two applications, one for de-exhibiting the affidavit (Ex.P1/A) and to be marked the same as Mark 'X' on the ground that it has not been attested in accordance with law and the other for production of rent deed. Application for de-exhibiting the affidavit (Ex.P1/A) has been allowed by the impugned order which led to filing of the present revision petition.

(3.) While passing the impugned order, the learned Rent Controller had recorded that the affidavit (Ex.P1/A) was attested on 10.07.2009 but the Petitioner/landlady was not present in India at that time as she had herself admitted that she left India for USA in March 2009 and returned on 29.07.2009. Thus, she did not appear before the Oath Commissioner at the time of attestation of her affidavit (Ex.P1/A) which has been tendered in evidence as her examination-in-chief in terms of Order 18 Rule 4(1) of the Code of Civil Procedure, 1908 [for short "CPC"].