Disposed

Surjit Singh Since Deceased Thr Lrs and Another v. Sonia Dhillon and Another

Punjab & Haryana HC20 Sept 2024CR/5491/2024

Case brief

AI extract

What is this about?

Landlord challenged the Rent Controller's order rejecting the affidavit of rebuttal witness Jarnail Singh, whose name was inadvertently omitted from the witness list though diet money and process fee were deposited. The Court set aside the impugned order and directed that the request to examine the witness be considered along with the tenant's objections to rebuttal evidence.

What did the court decide?

Impugned order dated 23.08.2024 set aside; request to examine Jarnail Singh as rebuttal witness to be considered with tenant's objections.

Surjit Singh Since Deceased Thr Lrs and Another… — Landlord and Tenant | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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122 CR-5491-2024 Date of Decision.:20.09.2024

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Surjit Singh (since deceased) through LRs & Anr. Pe11oners Vs.

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Sonia Dhillon & Anr. Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA

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Present: Mr. Vaibhav Sehgal, Advocate for the pe��oners.

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DEEPAK GUPTA, J. (ORAL)

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A�er framing the issues on 03.03.2021 ini�ally, certain addi�onal issues were framed by learned Rent Controller on 24.11.2023 vide Annexure P-6. The pe��oner- landlord wanted to lead evidence in rebu-al, which order was challenged by the respondent- tenant on the ground that opportunity of hearing was not granted. This Court by way of the order dated 13.09.2024 passed in CR-5141-2024 directed the ld. Rent Controller to dispose of the objec�ons of the respondent- tenant, a�er hearing both the sides. The next date of hearing before the trial Court is 26.09.2024.

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Now the landlord has approached this Court, submi2ng that in the rebu-al evidence, pe��oner wanted to examine one Jarnail Singh as a witness, who is the witness to the rent note executed between the par�es.

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Learned counsel contends that although the name of this witness namely Jarnail Singh was not men�oned in the list of witnesses (Annexure P-7)

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NEETIKA TUTEJA 2024.09.20 17:42 I attest to the accuracy and integrity of this document

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CR-5491-2024

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provided to the Court but his diet money as well as necessary process fee was deposited. Inadvertently his name was le� to be men�oned in Annexure P-7 and therefore, the Rent Controller was not jus�fied in rejec�ng the affidavit furnished by this witness Jarnail Singh by way of the impugned order dated 23.08.2024 (Annexure P-1).

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Learned counsel contends that when a witness produced by a party is present in Court for his statement, the Court cannot refuse to examine him.

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Since the ma-er is already fixed before the trial Court for 26.09.2024 and the ld. Rent Controller is yet to decide the objec�ons of the tenant regarding the applica�on of the pe��oner- landlord to examine the rebu-al evidence, therefore, the aforesaid conten�on of the pe��oner- landlord so as to examine Jarnail Singh as a witness shall also be considered along with the objec�ons of the tenant against rebu-al evidence.

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As such, impugned order dated 23.08.2024 (Annexure P-1) is hereby set aside. Present civil revision pe��on stands disposed of, in aforesaid terms.

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( DEEPAK GUPTA ) JUDGE

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September 20, 2024

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Nee�ka Tuteja

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Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

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NEETIKA TUTEJA 2024.09.20 17:42 I attest to the accuracy and integrity of this document

Surjit Singh Since Deceased Thr Lrs and Another v. Sonia Dhillon and Another

Case brief

What is this about?

What did the court decide?

Surjit Singh Since Deceased Thr Lrs and Another v. Sonia Dhillon and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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