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High Court of Punjab and HaryanaCR/783/2015disposed of

Ruldu Ram v. Surinder Kumar

2015-02-20Mr. Justice A.B. Chaudhari1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No. 783 of 2015 Date of decision: 20.02.2015 Ruldu Ram ....Petitioner(s)

Versus

Dr. Surinder Kumar

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Rajan Bansal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) Contention of counsel for the petitioner-tenant is that two applications were filed of even date, one for producing the sanctioned site plan of the building of the landlord at Amritsar and the second for allowing the draftsman Gurmukh Singh to take measurement of the residential premises over the shop in dispute for preparing the site plan of the same after spot inspection. Vide the order dated 15.12.2014, the Rent Controller in paragraph no. 1 has specifically observed that the second application stands disposed of vide separate detailed order. The grouse of the petitioner is that there is no such order on the file and only the first application pertaining to the property at Amritsar has been decided. In such circumstances, in the opinion of this Court, an appropriate application can always be filed before the concerned Court to bring to its notice that no such order has been passed. Accordingly, liberty is granted to the petitioner to approach the concerned Court for the necessary relief.

Regarding the other issue, the relevance of the building of the landlord at Amritsar has no concern with the dispute in question which is regarding the shop at Barnala. Thus, it is an obvious attempt by the tenant to delay the proceedings.

Thus, the order passed is well justified and there is no merit in the present revision regarding the order impugned. Accordingly, the present revision petition is disposed with the aforesaid liberty.

20.02.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.02.21 13:27 I attest to the accuracy and integrity of this document Chandigarh