VIJAY KUMAR Vs. SMT. SUDESH BHALLA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 07.03.2011 passed by the learned Rent Controller, Hoshiarpur, by which evidence of the Petitioner/tenant has been ordered to be closed.

(2.) FROM the perusal of record, I have found that the landlady herself had closed her evidence on 13.09.2010 though the rent petition was filed in the year 2006. Thereafter, on 3 dates, namely, 14.10.2010, 23.11.2010 and 10.12.2010, the Petitioner could not lead his evidence but examined one witness on 18.01.2011 who was not cross -examined by the landlady's counsel. On the next date, i.e. 14.02.2011, cross -examination was conducted and the case was adjourned to 01.03.2011 for the remaining evidence of the Petitioner/tenant. On that date, the Petitioner/tenant was in custody in a case registered vide FIR No. 11 dated 15.02.2011, under Sections 436 read with Section 34 of the Indian Penal Code, 1860, at Police Station Hariana, District Hoshiarpur.

(3.) AFTER hearing learned Counsel for the Petitioner and keeping in view the facts and circumstances of the case in which the landlady herself has taken 4 years' time to conclude her evidence and the Petitioner had become handicapped in leading his evidence due to his sudden arrest in the criminal case in which he is still in custody, the learned Rent Controller should not have closed his evidence and have granted some more time to conclude his evidence.