“In view of the fair stand adopted by Sh. Manchanda, the judgments and decree of the two courts below are set aside and the present appeal is allowed. The matter is remanded back to the learned trial Court for fresh decision. Now the learned trial court shall provide three effective opportunities to the plaintiff to lead his entire evidence. The entire evidence shall be led by the plaintiff at his own responsibility and without seeking any assistance of the court. After the evidence of the plaintiff is concluded on those three dates, when two effective dates would be fixed for the evidence of the defendant municipal committee. Similarly, the defendant municipal committee shall also lead its entire evidence at its own responsibility. It is made clear that if either of the parties, namely, the plaintiff or the defendant fail to lead their respective evidence on the date so fixed by learned trial Court then no further opportunity in any manner shall be granted by the learned trial court to the parties. It is further directed that all the arrears of the lease money at the rate of Rs.4300/- per annum shall be paid/deposited by the plaintiff with the municipal committee before any opportunity of leading the evidence is granted to him. If the arrears of the lease money, as stated above, are not deposited by the plaintiff, then no opportunity of leading any evidence shall be granted to the plaintiff.”
