JASBIR SINGH Vs. GURMEET SINGH AND OTHERS

JUDGEMENT

(1.) This revision has been filed impugning the order dated 10.01.2018 of the Ld. Rent Controller, Jalandhar, whereby, the application of the tenant-petitioner praying for de-exhibiting the rent agreement (Ex.P4), has been dismissed.

(2.) The respondent landlord filed a petition under Section 13 of the East Punjab Urban Restriction Act, 1949 for ejectment of the petitioner tenant from a shop. It was claimed that the shop in dispute had been rented out to Prithipal Singh, father of the petitioner and after his death the petitioner was a tenant therein. The respondent landlord in his affidavit in examination-in-chief dated 3.2016 relied on a rent agreement, alleged to be executed by the petitioner in his favour. The said rent agreement was exhibited as Ex.P4.

(3.) The petitioner filed an application (Annexure P-3) for deexhibiting the rent agreement stating that it was not admissible as it was not properly stamped and not registered. He prayed that the objection to the admissibility of Ex.P4 be decided before the cross-examination of the respondent- landlord. The respondent in his reply to the application contended that the application was liable to be dismissed as it was filed only to delay the proceedings. The affidavit in examinati9on-in-chief was tendered on 2.2016. Thereafter, repeated adjournments had been taken on 17.2016, 12.4.2016, 7.7.2016 and 10.8.2016 when the landlord was present to be cross-examined, but was not cross-examined by the petitionertenant. He further contended that as there was no dispute with regard to the relationship of the parties, the rent agreement was only to be read for collateral purposes. The landlord also offered to deposit the deficient stamp duty.