HARI RAM CHOPRA Vs. SHIV MANDIR TRUST COMMITTEE

JUDGEMENT

(1.) AN application was filed by the tenant petitioner for permission to produce Shri Narinder Singh Bhatia, a building expert as his witness. A direction was sought that he should be allowed to inspect upper storey of the premises in dispute for preparing his report for examination as a witness. The learned Rent Controller vide his order dated 8.1.1988, dismissed that application. Then the present application was filed by him for review of the aforesaid order. The learned Rent Controller found that the petitioner had earlier got the upper storey of the premises inspected from Vidya Sagar building expert for preparation of his report and the plan and for his examination as a witness. He got the impression that it is quite likely that the result of inspection made by Shri Vidya Sagar went against the petitioner and that is why he was giving him up and seeking to examine another expert as a witness. Consequently the second application was also dismissed vide order dated 18th February, 1988. Aggrieved against the same the petitioner has approached this Court through the present revision petition.

(2.) AT the stage of motion hearing I passed the following order on May 12, 1988 :-

(3.) MR . Battas, learned counsel for the petitioner, submits that Shamsher Singh witness was not examined in respect to the condition of the premises on the upper storey. He deposed to the facts pertaining to the condition of the building on the ground floor. Shri Vidya Sagar had inspected the premises of the upper storey. The same way Shri Narinder Singh Bhatia was sought to inspect the premises of the upper storey and to make a statement. It would meet the ends of justice if both Shri Vidya Sagar and Shri Narinder Singh Bhatia, building experts are examined. Shri Vidya Sagar shall produce the report of his inspection, if any, and depose to the facts found by him on the inspection of the upper storey of the premises. Shri Narinder Singh Bhatia is allowed to inspect the same, prepare his report and appear as a witness for the petitioner. The petitioner shall deposit the process fee and diet money of both these witnesses, get them served and examine them on his behalf irrespective of the fact that deposition of either of them may go against his interest.