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High Court of Punjab and HaryanaCR/1376/2015allowed

Bachittar Singh And ORS. v. Birinder Singh And ORS.

2015-02-26Mr. Justice Rajesh Bhardwaj2 pages

CR-1376-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.1376 of 2015 (O&M) Date of Decision: February 26, 2015.

Bachittar Singh and others ......PETITIONER(s).

VERSUS

Birinder Singh and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Pradeep Sharma, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) Heard.

The evidence of the revision petitioners-tenant was closed by order dated 09.02.2015 passed by Rent Controller, Chandigarh after allowing five adjournments to the revision petitioners to conclude the evidence.

Learned counsel for the revision petitioners submits that revision petitioner No.1 had gone to Mata Chintpurni and was on the way back but could not reach Chandigarh due to some traffic problem. He further submits that only Bachittar Singh revision petitioner No.1 has to appear as witness on behalf of tenants and his affidavit is ready. The case is fixed before the Rent Controller for today itself. He undertakes to SACHIN MEHTA 2015.02.26 15:16 I attest to the accuracy and authenticity of this document Chandigarh

CR-1376-2015 -2place on record affidavit of revision petitioner No.1 today and examine him on the next date, if one opportunity is allowed. Without expressing any opinion on merits and keeping in view the fact that in the absence of any evidence of revision petitionerstenants, the entire testimony of respondents-landlord will go unrebutted, this revision petition is allowed and revision petitioner No.1 is allowed one opportunity to appear as a witness. The affidavit of revision petitioner No.1 be placed on record today itself. On production of affidavit, the Rent Controller will fix the case for the evidence of revision petitioners-tenants. In case, revision petitioner No.1 is not present on the date fixed by the Rent Controller, no further opportunity shall be granted. Copy of this order be given to the counsel for the revision petitioners under the signature of Court Secretary. ( SURINDER GUPTA ) February 26, 2015.

JUDGE Sachin M.

SACHIN MEHTA 2015.02.26 15:16 I attest to the accuracy and authenticity of this document Chandigarh