LAWS(P&H)-2022-11-166

RAJESH TIWARI Vs. ARYA PRATINIDHI SABHA PUNJAB

Decided On November 21, 2022
RAJESH TIWARI Appellant
V/S
Arya Pratinidhi Sabha Punjab Respondents

JUDGEMENT

(1.) By way of present revision petition, challenge has been made to an order dtd. 20/1/2020 (Annexure P-1) passed by the learned Rent Controller, Jalandhar, whereby, prayer made by the petitioner-tenant for recalling of PW1, namely, Joginder Singh, whose examination was treated to be NIL, has been declined.

(2.) Facts of the present case are that the respondent being landlord filed an eviction petition under Sec. 13 of the East Urban Punjab Rent Restriction Act, 1949 against the petitioner-tenant, inter alia on the grounds of payment of arrears of rent, ceased to occupy the demised premises and bonafide necessity.

(3.) After framing of the issues, PW-1, Joginder Singh, appeared as witness on behalf of the respondent-landlord and his affidavit in examination-in-chief was tendered before the learned Rent Controller on 27/8/2019, thereafter, the rent petition was adjourned for the purpose of his cross-examination. But, despite having been granted five effective opportunities, the petitioner failed to effect cross-examination and accordingly, vide order dtd. 27/11/2019, his opportunity was recorded to be NIL