HARMAN PREET KAUR HANSRA Vs. GURCHARAN SINGH

JUDGEMENT

(1.) The petitioner impugns the orders dated 12.03.2013 and 15.05.2013. The petitioner is a landlady, who has initiated proceedings under Section 13 of the East Punjab Urban Rent Restriction Act (Act III of 1949) seeking eviction of the respondents on the ground of non-payment of rent; subletting and bona fide necessity.

(2.) On 05.10.2007, the issues in this case were framed and evidence was led by way of filing an affidavit on 31.05.2010 by RW 1. His examination-in-chief was recorded on 27.07.2012 and the matter was adjourned to 26.02.2013 for cross-examination of the witness, which was conducted on the said date partly. The matter was adjourned to 08.03.2013. On that date, according to the petitioner, the proceedings could not be conducted before the Court Commissioner on account of the fact that the file was not traceable. Thereafter, on 12.03.2013, the Court Commissioner recorded in its proceedings that for cross-examination opportunity given to the petitioner was not availed of by him and, thus, treated it as Nil.

(3.) The matter was then adjourned to 13.03.2013 for recording of the remaining evidence. This is the date fixed by the Court for receiving the report of the Court Commissioner on the evidence recorded by him. The petitioner then moved an application for recalling of the order dated 12.03.2013 by which cross-examination of RW 1 Manwinder Singh was treated as Nil. The learned Rent Controller has declined this prayer primarily on the ground that it had no power to review its own order and partially on the ground that the case is an old case requiring immediate disposal and also for the reason that the Court Commissioner had stated that on 12.03.2013, he had waited for the petitioner up to 2.00 P.M. for effecting cross-examination of the witness.