Haroon Rashid Khan v. Mohammad Arif Khan And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR-5034-2024 Date of Decision: 03.09.2024 HAROON RASHID KHAN .....Pe**oner Vs.

MOHAMMAD ARIF KHAN AND ANOTHER .....Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Jai Bhagwan, Advocate for the peoner.

****** DEEPAK GUPTA, J. (ORAL) Assailing the order dated 22.08.2024 (Annexure P-5) passed by learned Rent Controller Malerkotla, whereby evidence of the peoner (tenant before Rent Controller) has been closed, it is contended by learned counsel that concerned official from Special Branch, ASI Bhagwan Singh had appeared before the Court on 07.05.2024 and had made the statement that the concerned summoned record was in the custody of SSP (foreigner registraon officer Malerkotla) and so the concerned record was to be produced from that authority. Therea2er, the peoner deposited necessary process fee and diet money and summons (Annexure P-6) were issued. Report was received that HC Kuldeep Singh had received the summons. However, without ensuring the presence of said witness and without examining him, the Court has closed the evidence of the respondent by way of the impugned order.

2.

Learned counsel contends further that only this witness i.e. the concerned Clerk in the office of SSP, Malerkotla as summoned by summons (Annxure P-6), is required to be examined.

3.

Without issuing any noce to respondent so as to avoid unnecessary delay, this peon is hereby disposed of with the direcon to ld. Rent Controller, Malerkotla so as to provide an opportunity to the peonertenant to examine the concerned Clerk in the office of SSP, Malerkotla with the summoned record. The Court shall ensure the presence of the concerned witness PRIYANKA 2024.09.03 18:20 I attest to the accuracy and integrity of this document

CR-5034-2024 -2by issuing necessary coercive process, in case despite service of summons, the witness does not appear.

4.

Since this order has been passed without issuing any noce to respondent (peoner before the Rent Controller), he will be at liberty to approach this Court, in case he feels aggrieved by this order. (DEEPAK GUPTA) 03.09.2024 JUDGE pry Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PRIYANKA 2024.09.03 18:20 I attest to the accuracy and integrity of this document