VARINDER KUMAR Vs. JATINDER PAL SINGH

JUDGEMENT

(1.) THE petitioner has challenged the order dated 22.7.2008 passed by the learned Rent Controller, Ludhiana allowing an application moved by the respondent-landlord vide which directions were sought by the petitioner herein to allow Engineer, G.D. Wadhera to enter upon the premises in dispute along with photographer for making further inspection for submission of supplementary report along with photographs in the Court.

(2.) IT was the case of the respondent-landlord that Engineer, G.D. Wadhera had inspected the property on 18.4.2006 and affidavit along with inspection report was filed in Court, that the condition of the premises has further deteriorated.

(3.) THE learned counsel for the petitioner has challenged the impugned order on the ground that it was not open to the learned Rent Controller to have allowed the expert to visit the premises again so as to obtain the second opinion. In support of the contention the learned counsel for the petitioner has placed reliance on the judgment of this Court in the case of Prem Singh v. Sohan Singh, 2006(4) RCR(Civil) 292. This Court in the said judgment while interpreting the proposition of Section 45 of the Evidence Act and Order 26 Rule 10-A of the Code of Civil Procedure had opined that no second expert can be appointed on the request of the same party after the report of an expert, appointed earlier, has come on record.