This court granted the petitioners (tenants) one final opportunity to conclude their evidence in an eviction suit pending before the Rent Controller, Amritsar. The order imposes a cost of Rs. 5,000 on the petitioners for dilatory conduct.
Petitioners granted one opportunity to conclude evidence on payment of Rs. 5,000 cost.
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Civil Revision No.2566 of 2010
1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No.2566 of 2010
Date of Decision: 20.8.2010
Ramesh Chander alias Ramesh Kumar and Another
…Petitioners
Versus
Jeet Singh and Others
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sarabjit Singh, Advocate for the petitioners.
Mr. Anil Chawla, Advocate for respondents No.1 and 2.
None for respondents No.3 and 4.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present revision petition has been filed by the tenants, who are aggrieved against the order dated 1.4.2010 (Annexure P2), passed by the Rent Controller, Amritsar, whereby their evidence was closed. Learned counsel for the petitioners submits that one opportunity be granted to them to conclude their entire evidence at their own risk and responsibility.
Mr. Anil Chawla, Advocate, appearing for respondents No.1 and 2, has objected to the same submitting that the tenants are unnecessary lingering on the eviction petition and despite availing of ten opportunities, they have not concluded their evidence.
Civil Revision No.2566 of 2010
2
Mr. Sarabjit Singh, Advocate, appearing for the petitioners, has stoutly denied the assertions made by Mr. Chawla. He submitted that only three opportunities; have been provided to the petitioners to conclude their evidence.
Without going into this controversy, this Court is of the view that fair play and equity demand that one opportunity be granted to the petitioners to conclude their evidence, at their own risk and responsibility.
Since the petitioners have not been diligent enough to conclude their evidence, they are burdened with the cost of Rs.5,000/-. On payment of the cost, the Rent Controller, Amritsar, shall permit the petitioners to conclude their entire evidence at their own risk and responsibility, on one date.
With the observations made above the present revision petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge
August 20, 2010 “ DK ”
1 issue framed by the court
Whether to grant the petitioners one last opportunity to conclude their evidence in an eviction proceeding.
Ramesh Chander alias Ramesh Kumar and Another
Jeet Singh and Others
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
