IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.222 of 2010 Date of decision : July 28, 2010 Rajinder Kumar …Petitioner. Versus Deepak Goel and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Ramakant Sharma, Advocate. For the Respondents : Mr. Bimal Gupta, Advocate. Surjit Singh, J (Oral) Petitioner is a tenant, against whom order of eviction has been passed by the Rent Controller, on various grounds, including the ground of sub-letting. He has filed appeal before the Appellate Authority, challenging the order of eviction. He moved two separate applications for leading additional evidence. In one application, he stated that he be permitted to prove his Ex-serviceman Identity Card, issued sometime in the year 1985, in which his address is recorded to be the same as the tenanted premises. He prayed for summoning the Army record to show that in his service record also he is shown as the resident of the tenanted premises. In the second application, he prayed for summoning one Sunil Kuthiala, the previous owner of the premises, who, according to him, had inducted him as tenant and had been receiving rent from him against several Whether reporters of the local papers may be allowed to see the judgment? …2… receipts, including four receipts Ex. R-1. Both the applications have been dismissed by the learned Appellate Authority. Reasons given are that various opportunities were given to the tenant by the Rent Controller, but despite such opportunities he did not examine Sunil Kuthiala, the previous landlord and that the applications appeared to have been made with a view to lingering on the matter. Petitioner has been paying, according to his own showing, rent at the rate of Rs.1200/- per annum, only. 2. I have heard the learned counsel for the parties and gone through the record. 3. It is true that a large number of opportunities were afforded to the petitioner, by the Rent Controller, to adduce his evidence. He moved various applications for leading evidence and for tendering in evidence certain documents. Those applications were allowed. He took many dates for examining Sunil Kuthiala, the previous landlord, but did not produce him. In the applications before the Appellate Authority, he stated that address of Sunil Kuthiala was not known to him earlier and so he could not produce him. This plea of the petitioner may also not be correct, because the address of the witness, which was stated in the application for additional evidence, submitted to the Appellate Authority, is the same, which finds mention in the sale deed Ex. PW- 1/A, which is part of the record and which had been proved in the year 2005 by the respondent. …3… 4. Abovestated position clearly indicates that on merits the petitioner does not have a good case. Still, in the interest of justice, one opportunity for adducing the following additional evidence is afforded to him, subject to the conditions, specified below the detail of evidence: (a) To examine Sunil Kuthiala, the previous landlord, at self responsibility, on a date to be fixed by the Appellate Authority and the said date shall not be beyond three weeks from the date when the matter is listed before the Appellate Authority, after the passing of this order. (b) To prove the Identity Card of Ex- serviceman and the entire evidence for proving the same shall also be produced, at self responsibility, on the date referred to in (a) above. Conditions Petitioner shall pay mesne profits, at the rate of Rs.1000/- per month, from April 2010, onwards, by depositing the same with the Appellate Authority. Arrears shall be deposited within ten days from today and future mesne profits shall be deposited by the tenth day of every month. In case the arrears are not deposited within ten days, this order shall not be operative and …4… petitioner shall have no chance to lead additional evidence. 5. Parties are directed to appear before the Appellate Authority on 5th August, 2010. Appellate Authority’s record, alongwith the record of the Rent Controller, which has been requisitioned, in connection with the present petition, be returned, immediately, with a copy of this order. It is clarified that Appellate Authority shall give a date, within three weeks, from the date on which the parties have been directed to appear before him, i.e. 5th August, 2010. Appellate Authority shall dispose of the appeal before 31st October, 2010. 6. Petition stands disposed of accordingly. Pending application(s), if any, also stand disposed of. Copies of this order be given dasti to both the sides. July 28, 2010(sd) ( Surjit Singh ), J