JARNAIL SINGH Vs. GURMAIL SINGH

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order passed by the learned trial Court on 19.3.2009, whereby an application filed by the petitioner-plaintiff for direction to the defendant to give specimen writing and signatures, was declined.

(2.) THE plaintiff, a tenant has filed a suit for recovery of the rent allegedly paid in excess in rent proceedings to avoid his eviction. In the said suit, the plaintiff has produced certain receipts in support of his stand that the rent has been paid. The defendant has denied his signatures on the said receipts, which led to the filing of the present application.

(3.) LEARNED counsel for the petitioner relies upon Full Bench judgment of this Court in Amar Singh and another v. Dalip, 1981 PLJ 539, to contend that the findings of the Rent Controller under the East Punjab Urban Rent Restriction, 1949, are not binding on the Civil Court as the Rent Controller is a Court of limited jurisdiction. Such orders will not operate as res judicata as the findings recorded by the said Tribunal is only for the purpose of deciding the lis under the aforesaid Act and not the question which arises before the Civil Court.