ASSA STEELS Vs. VEENA RANI JAIN

JUDGEMENT

(1.) THE respondents have filed a petition for ejectment against the petitioners in the court of Rent Controller, Malerkotla. The respondents are admittedly closely related to Sh. Ram Sarup Jain, Advocate of that place. Sh. Jain is said to be a senior lawyer having many years standing at Malerkotla. When the petitioners were served in the ejectment proceedings they contacted several local lawyers but none was willing to accept the brief, apparently on account of the fact that the case related to close relations of Sh. Ram Sarup Jain. Per force, the petitioners had to engage Sh. Rajiv Kathpalia, Advocate from Sangrur. In these circumstances, the petitioners applied for transfer of the eviction proceedings to any court outside Malerkotla. By a cryptic order, learned District Judge exercising powers of appellate authority dismissed the transfer application. The said order is challenged in this revision petition.

(2.) AFTER hearing learned counsel for both the parties and keeping in view the time hounoured principle that justice should not only be done but it should appear to be done as well as that every person should be able to have access to a counsel of his choice, it is directed that the eviction proceedings in question shall stand transferred to the senior-most Rent Controller at Sangrur. Parties through their counsel are directed to appear in the transferee court on 2nd December, 1991. Both the courts concerned be informed so that records of the case are sent. Order accordingly.