ASHOK KUMAR KAPOOR Vs. ARUN BEHL

JUDGEMENT

(1.) The instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 21/3/2022 (Annexure P-2) passed by the learned Rent Controller, Ludhiana, vide which, the objections of the respondent-landlord with respect to summoning of a witness from the Sub Registrar Office, was allowed.

(2.) Learned counsel for the petitioner-tenant, inter alia, submits that the impugned order, being repugnant to the settled principles of law, suffers from material irregularity and thus, deserves to be set aside. He further submits that the Rent Controller had deprived the petitioner of his right to cross-examine the respondent-landlord on certain material aspects of his case, inasmuch as, the transfer deeds executed by the respondent-landlord and his brother were nothing but sham documents, which had been executed just to create a confusion. Therefore, since the respondent-landlordwas not the owner of the portion of the demised building, he could not seek the eviction of the petitioner-tenant. He has further submitted that since the relationship of a landlord and tenant was not admitted between the parties by the petitioner, he had every right to question the title of the respondent-landlord.

(3.) Per contra, learned counsel appearing for the respondent-landlord, while vehemently opposing the submissions made by the counsel opposite, submits that the petitioner by way of the instant revision petition, is questioning his title to the portion of the demised building, which is not permissible in view of the provisions of Sec. 116 of the Indian Evidence Act.