RAJ KUMAR Vs. BAWA JAI GOPAL SINGH

JUDGEMENT

(1.) IN this revision petition, filed by the tenant, the challenge is to order dated 22.4.2005, whereby the Rent Controller had kept the matter open regarding whether the affidavit Ex. AW-4/A has to be read in support of the case of landlord or not, instead of deciding the same before proceeding further in the case.

(2.) LEARNED counsel for the petitioners, by placing reliance on Girdhari Lal v. Ritesh Mahajan and another, 2005(4) RCR (Civil) 349 submitted that learned Rent Controller was in error in deferring the decision regarding the affidavit Ex. AW-4/A and he should have decided the issue first before proceeding further.

(3.) I have heard learned counsel for the parties and have with perused the record.