Allowed

Vijay Kumar v. Sharanjit Singh

Punjab & Haryana HC10 Aug 2010CR/7342/2009

Case brief

AI extract

What is this about?

The High Court set aside orders closing the petitioner-tenant's evidence and granted him time to offer himself for cross-examination, imposing a cost of Rs.5000 for the delay caused to the respondent.

What did the court decide?

Orders dated 24.07.2009 and 21.10.2009 set aside; petitioner to appear for cross-examination; proceedings concluded within four months; cost of Rs.5000 awarded to respondent.

Vijay Kumar Vs Sharanjit Singh — Property and Title | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.7342 of 2009 Date of decision: 10^th August, 2010

Vijay Kumar

… Petitioner

Versus

Sharanjit Singh

… Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Hemant Saini, Advocate for the petitioner. Dr. Puneet Kaur Sekhon, Advocate for the respondent.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Grievance of the petitioner-tenant is that his crossexamination was deferred and subsequently, vide order dated 24^th July, 2009 his evidence was closed. Counsel for the petitioner states that the case is fixed for tomorrow before the Rent Controller and the petitioner will offer himself for cross-examination.

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Counsel for the respondent states that in case petitionertenant appears in the witness box, the landlord will conclude the crossexamination tomorrow itself.

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This Court is of the opinion that fair play and equity demand that one opportunity ought to be granted to the tenant to conclude his evidence. Since, counsel for the petitioner has stated that only crossexamination of the petitioner-tenant is to be conducted, this Court accepts the prayer made by counsel for the parties.

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Hence, the orders dated 24^th July, 2009 (Annexure P-3) and dated 21^st October, 2009 (Annexure P-5) are hereby set aside. The petitioner-tenant shall appear in the Court on the next day of hearing and he will be cross-examined by counsel for the landlord. Since the

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Civil Revision No.7342 of 2009

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petitioner-tenant has caused delay to the detriment of the respondentlandlord, petitioner is fastened with a cost of Rs.5000/-. The Rent Controller shall conclude the proceedings expeditiously, preferably within a period of four months from the date of receipt of a certified copy of this order.

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With the observations made above, present revision petition

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is disposed of.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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August 10, 2010 rps

Vijay Kumar v. Sharanjit Singh

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. Sharanjit Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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