Civil Revision No. 1648 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1648 of 2010 Date of decision: 26.4.2010 Rekha Devi ...Petitioner Versus Shree Gaushala Association/Trust ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. A.K.Gupta, Advocate for the petitioner Mr. Rajinder Goyal, Advocate for the respondent. S.D.ANAND, J. The parties were facing each other in two litigations. One of the litigations was for fixation of fair rent; while the other was for ejectment. The written statement, which was to be filed in the matter pertaining to fixture of fair rent, came to be filed in the other and vice-versa. Insofar as the fair rent application is concerned, it stands dismissed as withdrawn. A conjunctive perusal of the written statement filed in the present case and proposed to be filed in this case would evidence that the plea deserves to be allowed. In the course of the (filed) written statement, a copy whereof was presented in Court and which is taken on record, the averments relate to fixture of fair rent. It becomes clear from a perusal of preliminary objection no.3 and paras 4,5,6, and 7(g) & (h) thereof. It is interesting to notice that the issues came to be framed and the recording of evidence is almost near completion but neither the Court nor the learned counsel for the parties noticed the faux-pas. It is otherwise common ground that both Civil Revision No. 1648 of 2010 -2- **** the parties have adduced evidence in the context of ejectment plea which is relatable to their respective pleadings. In case of the defendant- petitioner, the reference to expression 'pleadings' would mean to suggest pleadings which relate to plea for ejectment. In the light of foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court shall receive proper written statement on record. The matter is presently fixed for the evidence of the defendant-petitioner. It is agreed that the defendant-petitioner shall not be entitled to any further opportunity to conclude evidence. Disposed of accordingly. April 26, 2010 (S.D.Anand) Pka Judge