OM PARKASH DUA Vs. SURINDER AGGARWAL AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against order dated 15.09.2011 passed by the learned Rent Controller, Malerkotla by which an application filed by the tenant under Order 18 Rule 17 of the Code of Civil Procedure, 1908 [for short "CPC"] for recalling of AW2 for further cross-examination has been declined.

(2.) In brief, the petitioner was inducted as a tenant in the year 1963 in the shop situated at Loha Bazar, Malerkotla by Prem Chand, father of Surinder Aggarwal (respondent No.1 herein). On 03.03.2006, respondent No.1 filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] in order to seek eviction of the petitioner from the demised premises on the grounds of non-payment of rent and personal necessity to settle his adult son, namely, Sachin Jain, in business who was stated to be sitting idle.

(3.) While leading evidence, respondent No.1 examined Sachin Jain as AW2 who was cross-examined on 08.04.2008. Thereafter, the petitioner came to know that he is not sitting idly but has got 4 independent bank accounts in which daily transactions are being carried out for the business purposes. Out of the 4 bank accounts, 3 bank accounts are with Punjab National Bank, Moti Bazar, Malerkotla and one is with Axis Bank, Malerkotla. On 15.03.2010, the petitioner filed an application for summoning the Managers of the Punjab National Bank, Moti Bazar, Malerkotla and Axis Bank, Malerkotla along with the Account Opening Form and Accounts Statement for the accounts of Sachin Jain which was allowed and Rahul Pahuja, Branch Development Officer of the Axis Bank, Malerkotla filed an affidavit dated 16.08.2010 in which he has disclosed the account number of Sachin Jain which was opened on 20.05.2008 after his cross-examination on 08.04.2008. Similarly, Paramjit Singh, Computer Operator of Punjab National Bank, Moti Bazar, Malerkotla also filed his affidavit dated 11.11.2010 in which he disclosed all the 3 account numbers of Sachin Jain, out of which one account was opened on 02.09.2009 after his cross-examination on 08.04.2008. The petitioner also came to know that Sachin Jain is doing his independent business under the name and style of M/s S.N.Traders at Surjeet Palace Road, Dhandari Kalan, Ludhiana.