Ramji Dass Through Lr Rajiv Garg v. Jagjeet Kaur And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2415-2021 Date of decision: 26.10.2021 RAMJI DASS THROUGH LR RAJIV GARG ..Petitioner ASHOK KUMAR 2021.11.01 15:53 I attest to the accuracy and integrity of this document

Versus

JAGJEET KAUR AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Arun Bansal, Advocate for the petitioner. *** ANIL KSHETARPAL, J (Oral)
 

            

 

 

 

  

    The petitioner (tenant) has filed this revision petition assailing the correctness of the orders dated 17.02.2020 and 24.09.2021, respectively. The learned Rent Controller has marked the further cross examination of Gurmeet Singh by the tenant's counsel as nil. It has been noticed that Gurmeet Singh tendered his affidavit in examination in chief on 19.07.2019. On the request of learned counsel representing the tenant, the case was adjourned to 19.08.2019 for cross examination of Gurmeet Singh. The counsel representing the tenant did not cross examine the witness on 19.08.2019 and on his request the case was further adjourned to 23.09.2019, on the later date, the witness was partly cross examined. Thereafter, learned counsel representing the tenant failed to cross examine the witness on 03.12.2019, 07.01.2020 and 17.02.2020. It is apparent that the petitioner (tenant) has already been granted 5 opportunities to cross examine the

CR-2415-2021 ASHOK KUMAR 2021.11.01 15:53 I attest to the accuracy and integrity of this document witness.

Learned counsel for the petitioner contends that in the pre-lunch session, the file was not available with the Rent Controller. The plea taken is against the record as the learned Rent Controller, in the pre-lunch session had passed the following order:- "Witness Gurmeet Singh is present for cross examination but none has appeared on the behalf of respondent no.1. Let file be taken up after lunch." Keeping in view the aforesaid facts, the Rent Controller has closed the opportunity to further cross examine the witness. Moreover, as noticed above, the tenant has already been granted 5 opportunities, therefore, providing any further opportunity to cross examine the witness is not justified. Hence, dismissed.

All the pending miscellaneous applications, if any, are also disposed of.

26.10.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No