JASWANT SINGH Vs. PREM SAGAR GUPTA

JUDGEMENT

(1.) THIS revision is directed against the order the Rent Controller declining the prayer to lead additional evidence. The dispute between the parties is as to whether respondent No. 1 has sublet the shop in dispute to respondent No.2. The defence set up is that respondent No.1 had entered into a partnership with respondent No. 2 and the firm thus constituted and styled as Messrs Sagar Plastic House is occupying and running the business in the demised premises. The landlord after the close of his evidence moved an application for permission to lead additional evidence to the effect that the current account Messrs Sagar Plastic House with the Oriential Bank of Commerce was operated solely by Ashok Kumar, respondent No.2. The Rent Controller rejected the application on the ground that the applicant could not satisfy that the additional evidence had come to his knowledge only recently and that he could not come to know of it earlier even after exercise of due diligence. The approach of the Rent Controller is wholly unwarranted by law. No third party can be supplied information by any Bank regarding the current account of any person. It was therefore not possible for the landlord to find out if the current account of the said firm was operated by Ashok Kumar alone. The application, thus, was rejected wholly in illegal consideration, and the impugned order is accordingly reversed. The prayer of the landlords is consequently allowed subject to payment of Rs. 200/- as costs. The Rent Controller would now allow the landlords to lead additional evidence on payment of costs and thereafter proceed with the case in accordance with law. Revision petition allowed.