SURINDER KAPOOR Vs. GURDEV SINGH

JUDGEMENT

(1.) (Oral) - The revision is against the order closing the evidence on the side of the respondent and refusing permission to him to produce the additional evidence. Learned counsel for the petitioner points out that the witnesses who were sought to be examined namely Commissioner Municipal Corporation, the property dealer and yet another person who was earlier the tenant were very material for the purpose of showing that the property could not be used for purpose for which the landlord claimed and that further the landlord was actually interested in selling the property and that he was not interested in occupying the premises. The other evidence of the previous tenant was also relevant to show that he had been evicted and the present tenant had been inducted on similar grounds. Still I am not prepared to vouch for correctness of any of the contentions made by the learned counsel for the petitioner, suffice it to point out that the Court shall offer all opportunities to bring the best evidence as possible in the perception of the respective properties, if there was a delay in moving the Court in appropriate time for examination of witness it could always be compensated in terms of costs or the Court itself should exercise sufficient vigil not to adjourn the case indefinitely but bind the party by short adjournments and conclude the trial at the earliest. I, therefore, deem it appropriate that the tenant shall have one more opportunity for producing additional evidence and the order passed by the Court below directing closure of the side of the respondent is set aside. The respondent shall produce all the witnesses, except the official witness at his own risk and responsibility on the date which is now fixed. An opportunity to take out summons to the official witnesses may also be given. This shall be done on payment of costs of Rs. 2500/- to the landlord on or before 15.6,2009, failing which the order already passed by the Rent Controller shall stand confirmed.

(2.) THE Civil revision petition is disposed of in the above terms. Order accordingly.