SURINDER KUMAR Vs. SANJEEV GOYAL

JUDGEMENT

(1.) Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 19/2/2025 (Annexure P-6) passed by the Rent Controller, Malerkotla.

(2.) The respondent had filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction, 1949 for eviction of the petitioner from the premises in question on 5/7/2018. The petitioner had filed the reply and on 4/2/2025, an application was moved by the petitioner for appointment of Local Commissioner directing him to visit the spot of alleged suit land/plot and to give his report regarding alleged suit property. The Rent Controller, vide impugned order dtd. 19/2/2025 dismissed the said application by observing that it was for the petitioner/tenant to prove his stand by leading evidence and the Court cannot collect evidence on behalf of the petitioner. It was further observed that the case was at its fag end, inasmuch as, the application was filed at the stage when the cross-examination of the present petitioner/tenant was being conducted.

(3.) This Court has heard learned counsel for the petitioner and has perused the paper-book and is of the opinion that the order dtd. 19/2/2025 (Annexure P-6) passed by the Rent Controller, Malerkotla, is in accordance with law and deserves to be upheld, inasmuch as, it is a matter of settled law that the Court is not to collect evidence for either of the parties.