MEHMOOD ALI Vs. ABDUL WAHID

JUDGEMENT

(1.) Present revision petition has been filed for setting aside the order dtd. 2/12/2017 passed by Ld. Rent Controller, Malerkotla whereby the application filed by the petitioner/tenant to recall respondent no.1/landlord for further cross-examination has been dismissed.

(2.) Brief facts of the case are that respondent no.1 had filed an eviction petition dtd. 30/7/2007 (Annexure P-1) u/s 13 of the East Punjab Urban Rent Restriction Act, 1949 against the petitioner and proforma respondents herein, on grounds of bona fide personal necessity and arrears of rent. During the course of trial, it transpired that during cross-examination of RW-2 Sham Lal Gupta, Deed Writer, he made reference to a document dtd. 23/4/2014, stated to be a rent note, whereby the respondent/landlord had allegedly rented out another shop to one Kamal Bharti. Accordingly, the petitioner filed the present application dtd. 25/11/2017 for recalling of the respondent/landlord for further cross-examination. It is this application which has been dismissed by the Ld. Rent Controller, Malerkotla, vide impugned order which has been challenged in this revision petition.

(3.) It is submitted by learned counsel for the petitioner that admittedly cross-examination of the respondent No. 1-landlord PW1, had been concluded on 18/3/2014. It is submitted that however, at that time document dtd. 23/4/2014 was not in existence, and the same came to light during evidence of the petitioner, as a result of which it was necessitated that the respondent/landlord be recalled for further cross examination. It is submitted that one of the grounds taken by the respondent/ landlord in his eviction petition is that he required the shop in dispute for his own use and occupation; and the respondent no.1 had specifically mentioned in para 4 of his eviction petition that he does not occupy another shop and has not vacated any shop after the commencement of the Rent Act. Learned counsel for the petitioner refers to the testimony dtd. 25/10/2017 of the said witness RW-2 (Annexure P-5) wherein RW-2 has deposed as follows:-