MEGH RAJ Vs. SAT PAL AND ANR

JUDGEMENT

(1.) This is a revision petition filed by Megh Raj tenant against the order dated 8-8-1975 of the Rent Controller, Sunam, District Sangrur, whereby the refused to permit him to prove certain documents which were already on the file.

(2.) The facts of this case are that Sat Pal landlord made an application under section 13 of the Past Punjab Urban Rent Restriction Act against Megh Raj and Harkumb Rai on the allegation that he had let out this shop to Megh Rai, who thereafter sub-let this shop to Harkumb Rai respondent. The application was resisted by the respondent. Megh Raj pleaded that the shop belonged to Kishori Lal the father of Sat Pal, and he obtained it on rent from him on a monthly rent of Rs. 35/- with effect from 19-3-1965 and that he left this shop on 30-6-1965. and thereafter it was let wit by Kishori Lal to Harkumb Rai, who had been in its possession since them. Similar was the written statement filed by Harkumb Rai. The ejectment application was filed on 7-6-1973 and issues were framed on 8-2-1974. The evidence of the landlord Sat Pal was closed on 29-7-1975. The evidence of Harkumb Rai respondent including his own statement was concluded on 8-8-1975. During the cross-examination of Harkumb Rai, Megh Rai wanted to prove documents marked Nos. 1 to 90. An objection was raised on behalf of the landlord that these documents were neither relied nor any copy of lease documents was filed and therefore, these should not be admitted in evidence. This objection was upheld by the Controller and he refused permission to Megh Raj to prove the above-mentioned documents by putting the same to Harkumb Rai in his cross-examination. Feeling aggrieved, he filed this revision petition.

(3.) The first objection raised by Mr. Ashok Bhan, the learned counsel for Sat Pal Landlord, is that this revision petition against an interlocutory order passed by the Rent Controller is not maintainable. Section 15 (5) of the East Punjab Urban Rent Restriction Act reads as follows :-