FAQIR CHAND MALHAN Vs. JAGDISH RAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 19-4-1975 whereby the learned Rent Controller closed the evidence of the petitioner-tenant and ordered the case to come up on 26-4-1975 for arguments.

(2.) The evidence of the tenant was closed by the Rent Controller on the ground that some of the witnesses that he desired to produce were not included in the list of the witnesses filed by him in the Court on 24-3-1975 and further that while allowing the issue of the summons it was made clear that the same be isssued at the risk and responsibility of the tenant and that no adjournment would be allowed on account of non-service of the witnesses.

(3.) The impugned order of the learned Rent Controller appears to be rather confusing. On 31-3-1975 the respondent had made an application for examination of four witnesses Jagdish Ram, Nand Lal, Lachhman Dass and Jaswant Rai, on which the learned Rent Controller ordered the deposit of the diet money and further ordered that the respondent shall be responsible for service for the date on which the case stood adjourned by order dated 24-3-75 to 18-4-75. On this date, out of the four witnesses sought to be summoned, Jagdish Ram and Nand Lal were present and Lachhman Dass was said to be ill. These witnesses could not be examined on that date as the Court time was over, so they were bound own for the next date i.e. 19-4-1975. On that date, only Nand Lal, one of the witnesses, appeared whose statement was recorded and the impugned order was passed closing the evidence of the tenant.