SUDARSHANA DEVI SOOD Vs. SUPER SANITATION

JUDGEMENT

(1.) This petition is filed by the petitioner landlady against the respondent tenants under sub section (5) of Section 24 of the Himachal Pradesh Urban Rent control Act, 1987 (hereinafter referred to as the Act) against an order dated October 17, 2000 passed by Sub Judge (4) Shimla, who was also exercising jurisdiction as Rent Controller under the Act.

(2.) The application was for eviction of the respondent - tenant. When the proceeding were pending, an application was made by the petitioner landlady under sub rule (4) of Rule 2 and Rule 17 A of Order 18 read with Section 151 Code of Civil Procedure, 1908 for permitting her to examine two witnesses, (i) Varinder Kumar and (ii) Rajeev Kumar Sood. It was averred in the application that though a list of three witnesses had been given by the petitioner (1) Ashok Kumar, (2) Veer Chand Kapoor and (3) Amarjeet Singh, they were evading service of notice and has expressed their reluctance to give statements. It was, therefore, necessary in the interest of justice to allow her to examine the aforesaid witnesses.

(3.) The application was opposed by the other side and the Rent controller, after hearing both the sides, rejected the application. The said order is challenged by the petitioner -landlady in the present revision.