MANJIT SINGH Vs. BHASN SINGH

JUDGEMENT

(1.) This is the writ petition that has been filed under Article 227 of the Constitution of India for setting aside the order dated 22.01.2019 along with order dated 14.11.2018 and the order dated 01.10.2018, An-nexure-P-6, P-7 and P-8 respectively, passed by the Ld. Rent Controller, Ludhiana.

(2.) In brief, the facts are that in the eviction petition that has been filed under the East Punjab Urban Rent Restriction Act, 1949 before the Rent Controller, Ludhiana against the petitioner who is tenant, the issues have been framed and the case was fixed for the evidence of the respondent and after leading his evidence it was closed on 26.4.2018. Thereafter, the petitioner herein was to adduce his evidence.

(3.) Despite several opportunities having been availed of, the petitioner did not conclude his evidence which resulted in the order dated 1.10.2018 being passed. The evidence of the respondent was closed by order and the matter was then adjourned for 10.10.2018 for rebuttal evidence if any. It would be pertinent to mention here that the Rent Controller had imposed cost of Rs. 500/- by its order dated 18.09.2018 which had not been paid. After the evidence have been closed, the petitioner herein filed an application for recalling the order dated 01.10.2018 which was contested and a detailed order was passed by the Rent Controller allowing the application for recalling the order subject to payment of Rs. 5000/- as cost. While recalling the order, the Rent Controller noted:-