Ravi Sharma v. Satpal

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No. 929 of 2017 Date of decision: 08.02.2017 Ravi Sharma ....Petitioner(s)

Versus

Satpal

...Respondent(s)

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

Present:

Mr. Surinder Mohan Sharma, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The present revision petition challenges the order dated 30.01.2017 (Annexure P-3) whereby, the Rent Controller has allowed the application for additional evidence and permitted the original transfer letter to be brought on record.

From the perusal of the order, it would be clear that the photocopy was already on record. The Rent Controller has only allowed the application in view of the fact that the landlord had specifically said that a loan had been taken and the original transfer letter was lying with the bank. On release from the bank, the original was produced and sought to be exhibited. In such circumstances, the same would play a crucial role for the adjudication of the matter to show the ownership of the demised premises. Accordingly, the application allowing additional evidence is justified as it is for the Court to go to the root of the case and in the absence of the original transfer letter, the landlord would be seriously prejudiced. In such circumstances, there is no infirmity or illegality in allowing the application for additional evidence and the present revision petition is accordingly dismissed in limine.

08.02.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.02.13 10:31 I attest to the accuracy and integrity of this document Chandigarh

Shivani Gupta 2017.02.13 10:31 I attest to the accuracy and integrity of this document Chandigarh