LAWS(HPH)-2012-1-144

SMT. RENU BALJEE, W/O LATE SHRI HARSH BALJEE, Vs. SHIV CHARAN DASS AND SONS, THROUGH ITS KARTA SHRI AJAY KUMAR KHANNA, S/O SHRI JUGAL MISHORE KHANNA, C/O LOKE NATH AND COMPANY, 16, THE MALL SHIMLA, H.P.,

Decided On January 02, 2012
Smt. Renu Baljee, W/O Late Shri Harsh Baljee, Appellant
V/S
Shiv Charan Dass And Sons, Through Its Karta Shri Ajay Kumar Khanna, S/O Shri Jugal Mishore Khanna, C/O Loke Nath And Company, 16, The Mall Shimla, H.P., Respondents

JUDGEMENT

(1.) HEARD .

(2.) BOTH the parties have already led their evidence in the rent petition. When the matter was pending for final arguments, an application under Section 151 of the Code of Civil Procedure was moved for additional evidence by the petitioners -tenant for summoning the Superintendent of Police, Shimla to produce record with respect to the Police Assistance Room housed in the Gaiety Theatre building and whether it was vacated/shifted therefrom, while reconstructing the Gaiety Theatre.

(3.) AFTER hearing the parties, the learned Rent Controller dismissed the petition on the ground that both the parties knew their case very well. They have led their evidence and it was nowhere the case of the petitioners -tenant that the evidence sought to be led now, was not available when they led their evidence.