ASHOK KUMAR Vs. KAUSHLAYA DEVI

JUDGEMENT

(1.) This order shall dispose of two revisions bearings Civil Revision No 40 of 2011 titled as Ashok Kumar v. Kaushalya Devi and Civil Revision No. 63 of 2010 titled as Sanjiv Kumar v. Kaushalya Devi, as a common question is involved in both the cases.

(2.) Smt. Kaushalya Devi, who is the landlady in both the cases, sought eviction of her tenants on the grounds of non-payment of rent and personal necessity. In both the cases, she filed an application dated 3.9.2009 to seek permission of the Court to examine B.L. Garg, Building Expert to prove his report with regard to space available on the site in dispute as the tenants were not permitting to take the measurement when he visited the spot and obstructed him from preparing the site plan. Reply to the application was filed by the tenants. The said application was dismissed by the Rent Controller on 13.11.2009 observing as under :-

(3.) The aforesaid order remained unchallenged. Thereafter, the landlady, on her own, sought to examine B.L. Garg, Building Expert and Amarjit Singh, Photographer as her witnesses and tendered in evidence their affidavits in examination-in-chief, which was objected to by the tenants on the ground that B.L.Garg, Building Expert cannot be examined as his examination was earlier declined by the Rent Controller vide order dated 30.11.2009, which has attained finality. The objection, however, was turned down by the Rent Controller by way of impugned order on the ground that judicial process should not be hindered if the landlady wanted to lead her evidence.