NARINDER KUMAR Vs. SAT NARAYAN MANDIR THROUGH TRUST

JUDGEMENT

(1.) This revision petition is directed against the order dated 01.3.2011 passed by learned Rent Controller, Rajpura, by which an application filed by the tenant/petitioner for leading additional evidence by way of producing on record sanctioned site plan of the construction raised on the demised premises, order of sanctioning the site plan, two statements of the parties in dispute and an order of the Civil Court has been dismissed.

(2.) The application was filed by the tenant at the time of arguments of the eviction petition after noticing the submissions made by the learned counsel for the landlord that the construction has been raised on the demised premises without the permission of the Municipal Council and is in violation of municipal bye-laws. To overcome that argument, the petitioner moved an application immediately on 21.1.2011 in order to bring on record the additional evidence but the learned Rent Controller dismissed his application on the ground that the petitioner cannot be allowed to fill up the lacunae as he had already closed his evidence on 12.3.2010 and before that, ample opportunities were given. It was also observed that earlier also, he had filed an application for amendment of the written statement which was declined by a detailed order dated 16.7.2010 and the application was filed only to delay the proceedings in the eviction petition which was pending since long.

(3.) Learned counsel for the petitioner has admitted that the application for additional evidence was filed at the stage of arguments but he submits that even at that stage, application for additional evidence could be allowed if the evidence which is sought to be produced goes to the root of the case. He has relied upon following decisions of this Court Jeeto @ Manjit Kaur v. Union of India,2007 4 RCR 408; Chandgi v. Mehar Singh & Ors,1998 2 RCR 354; Mam Raj v. Smt.Sabiri Devi & Ors.,1998 2 RCR 636; Basant Raj v. Kaushal Kishore,2005 2 RCR 847; Charan Singh v. Ajit Singh,1999 4 RCR 589; Raju Sharma v. Pardeep Kumar & Ors,1999 2 RCR 517, and two more judgments i.e. one of Orissa High Court Alekh Pradhan and others v. Bhramar Pal and another, 1978 AIR(Ori) 58 and other of Madhya Pradesh High Court Shivsahay v. Nandlal and others, 1989 AIR(MP) 40.