Jagdish Dua v. Harish Bhatia And ORS

CR No. 4032 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No. 4032 of 2017 Date of decision : 02.06.2017 Jagdish Dua ....Petitioner V/s Harish Bhatia & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Manoj Bajaj, Advocate for the petitioner. RAJAN GUPTA J.

Present petition is directed against the order passed by court below whereby application preferred by tenant-petitioner for leading additional evidence has been rejected.

It has been urged before the court that petitioner availed only eight opportunities for leading his evidence. RW1 & RW 2 were examined by him. However, the expert witness who deposed regarding the condition of the building would not be examined. Trial court closed the evidence vide order dated 09.01.2017. Petitioner moved instant application thereafter. Same was also dismissed on 15.02.2017. According to counsel for the petitioner in case expert does not testify regarding the condition of the building, the court may not be able to arrive at a firm conclusion whether the building is fit for human habitation.

Keeping in view facts and circumstances of the case, I am of the considered view that one opportunity needs to be afforded to the petitioner to lead his evidence. Ordered accordingly. Ajay Kumar 2017.06.06 10:57 I attest to the accuracy and authenticity of this document

CR No. 4032 of 2017 This court is conscious of the fact that this order is passed without notice to the respondents. Petitioner will, thus pay costs of `7,000/- to be remitted to landlord-respondent.

Allowed in these terms.

June 02, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.06.06 10:57 I attest to the accuracy and authenticity of this document