IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.864 of 2008 (O&M) Date of Decision : 06.10.2009 Shish Pal .....Petitioner versus Lalit Khullar .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Surinder Sharma, Advocate, for Mr.Ashok Sharma, Advocate, for the petitioner. Mr.Arun Chandra, Advocate, for the respondent. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is preferred by the land-lord whose eviction petition against the respondent-tenant has been dismissed by the Rent Controller, Panchkula vide order dated 30.7.2007 on the ground that despite several opportunities, no evidence has been led by him; as well as against the order dated 13.11.2007 passed by the Appellate Authority, Panchkula, dismissing the petitioner's appeal against the afore-stated order of the Rent Controller. C.R. No.864 of 2008 (O&M) 2 On a perusal of the impugned orders, it is apparent that the eviction petition was filed by the petitioner-landlord on 12.6.2004 and the issues were framed on 17.3.2005. Thereafter, four effective opportunities were given to the petitioner to lead his evidence, but he failed to lead the same. The Rent Controller is well justified in closing the evidence of the petitioner-landlord and in passing the order dismissing the eviction petition. Learned counsel for the petitioner-landlord submits that given one opportunity, the petitioner is ready and willing to adduce the entire evidence on that date. Having heard learned counsel for the parties and taking into consideration the circumstances explained by counsel for the petitioner and also keeping in view the undertaking given on behalf of the petitioner- landlord as well as in the interest of justice, it appears justified to give one opportunity to the petitioner-landlord to adduce his entire evidence, subject to payment of cost of Rs.7500/- to the respondent-tenant. The revision petition is accordingly allowed; the impugned orders dated 30.7.2007 and 13.11.2007 are set-aside and the matter is remitted to the Rent Controller, Panchkula to decide the eviction petition afresh and in accordance with law, after giving one opportunity to the petitioner to lead his entire evidence. However, if the Rent Controller finds that all the witnesses produced by the petitioner-landlord cannot be examined on one day, he shall be at liberty to adduce such evidence on some other day. C.R. No.864 of 2008 (O&M) 3 The parties are directed to appear before the Rent Controller, Panchkula on 3.11.2009. The costs shall be paid to the respondent-tenant on the first date of hearing before the Rent Controller, Panchkula. Dasti. 06-10-2009 (SURYA KANT) Mohinder JUDGE