High Court of Punjab and HaryanaCR/7460/2016disposed of

Ashok Kumar v. Piara Singh Grewal

2016-11-08Mr. Justice Rajesh Bhardwaj2 pages

CR No. 7460 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7460 of 2016 Date of Decision: 08.11.2016 Ashok Kumar ........Petitioner

VERSUS

Piara Singh Grewal ........Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Amandeep Singh Rai, Advocate for the petitioner.

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

This is revision-petition against order dated 06.10.2016 whereby application filed by revision-petitioner for discarding affidavit of landlord-respondent-Piara Singh Grewal in rebuttal evidence, was dismissed.

Learned counsel for the revision-petitioner has argued that relationship of landlord and tenant between the parties is a fact in dispute. The landlord-respondent produced evidence to prove his plea and the revision-petitioner led evidence in rebuttal to prove that he is not a tenant under landlord-respondent. Landlord-respondent cannot be allowed to lead any evidence to rebut evidence produced by revision-petitioner as the onus was on him to prove relationship of landlord and tenant between the parties. On perusal of impugned order, I find that the plea raised by revision-petitioner has been kept pending to be decided at the time of final arguments.

Jitender Kumar 2016.11.09 14:40 I attest to the accuracy and integrity of this document

CR No. 7460 of 2016 -2Without commenting on admissibility of statement of landlordrespondent-Piara Singh Grewal in rebuttal, this petition is disposed of with direction to the Rent Controller to first decide as to whether testimony of Piara Singh Grewal, which he has made in rebuttal can be read in evidence, before deciding the ejectment petition on merits. The revision-petitioner will be at liberty to raise all the pleas before the Rent Controller in this regard and to avail legal remedy available to him, if he feels aggrieved by order of Rent Controller.

( SURINDER GUPTA ) November 08, 2016.

JUDGE jk Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jitender Kumar 2016.11.09 14:40 I attest to the accuracy and integrity of this document