KULBHUSHAN JAIN Vs. SIRI RAM

JUDGEMENT

(1.) The present revision petition has been directed against the order of the Rent Controller declining the prayer of landlord to exhibit the report of Local Commissioner who was appointed ex-parte in some other case.

(2.) The petitioner filed a petition under section 13 of the Haryana Urban Rent Restriction Act (for short 'the Act'), for the ejectment of tenant, taking various grounds therein. In subsequent petition under Section 13 of the Act, he made an application for the appointment of Local Commissioner to inspect the site. The ex parte Local Commissioner was appointed who submitted his report in that case. In the present case, the parties concluded their evidence, and when the case was fixed for final arguments, an application under Order 18, rule 17-A, Code of Civil Procedure was made on behalf of the petitioner-landlord, seeking permission of the Court to produce the report of Local Commissioner by way of additional evidence. The said prayer of the petitioner was defined. The petitioner impugned the said order before this Court in C.R.No.1900 of 1990, but the said revision petition was dismissed by A.L. Bahri, J., on 28.8.1990.

(3.) After having failed to produce the said report by way of additional evidence, the petitioner again made a request before the Rent Controller for getting the report of Local Commissioner exhibited by way of tendering the same. This prayer was again disallowed as the Rent Controller was of the view that the report of Local Commissioner made in another suit between the same parties cannot be proved, may be, by tendering the same; rather the same has to be proved.