CR No.1879 of 2011 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1879 of 2011 (O&M) Date of decision:17.03.2011. Vijay Kumar ...Petitioner Versus Smt. Sudesh Bhalla ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sandeep Arora, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. (ORAL) This revision petition is directed against the order dated 07.03.2011 passed by the learned Rent Controller, Hoshiarpur, by which evidence of the petitioner/tenant has been ordered to be closed. From the perusal of record, I have found that the landlady herself had closed her evidence on 13.09.2010 though the rent petition was filed in the year 2006. Thereafter, on 3 dates, namely, 14.10.2010, 23.11.2010 and 10.12.2010, the petitioner could not lead his evidence but examined one witness on 18.01.2011 who was not cross-examined by the landlady's counsel. On the next date, i.e. 14.02.2011, cross-examination was conducted and the case was adjourned to 01.03.2011 for the remaining evidence of the petitioner/tenant. On that date, the petitioner/tenant was in custody in a case registered vide FIR No.11 dated 15.02.2011, under Sections 436 read with Section 34 of the Indian Penal Code, 1860, at Police Station Hariana, District Hoshiarpur. Learned counsel for the petitioner submits that on 07.03.2011, when the impugned order was passed, the petitioner was in custody and is still in custody and the present revision petition has been filed through the Power of Attorney obtained from jail. He submits that his bail application is likely to be CR No.1879 of 2011 (O&M) -2- ***** heard and if one opportunity is granted, he will lead his entire evidence on the date fixed by the learned Rent Controller. After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the case in which the landlady herself has taken 4 years' time to conclude her evidence and the petitioner had become handicapped in leading his evidence due to his sudden arrest in the criminal case in which he is still in custody, the learned Rent Controller should not have closed his evidence and have granted some more time to conclude his evidence. In view of the above, the revision petition is allowed, the petitioner is granted one last opportunity to lead his entire evidence at his own risk and responsibility on the date which shall be fixed by the learned Rent Controller on the next date of hearing. It is made clear that if the petitioner fails to lead his evidence on the date fixed by the learned Rent Controller, no further opportunity shall be granted to him in this regard. March 17, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE