CR No.3624 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3624 of 2010 Date of decision : 18-08-2010 Yaseen, Prop. Hira Hair Dresser .... Petitioner VERSUS Karnail Kaur and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Divyanshu Jain, Advocate, for the petitioner. Ms. Mamta Malhotra, Advocate, for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (Oral) Office has reported that respondent Nos.1 and 2 are settled in New Zealand. Ms. Mamta Malik, Advocate has caused appearance for respondent No.3. In the present revision petition, grievance of the tenant is that due to non-appearance of the counsel, opportunity to cross- examine the witnesses was declined and the cross-examination of PW-3 Anil Gupta was made nil and the case was adjourned to 24.05.2010 for remaining evidence of the respondent – landlord petitioner to the eviction petition. Counsel for the respondent No.3 states that due to stay of further proceedings granted by this Court on 26.05.2010, delay has been caused in conclusion of the eviction petition which is CR No.3624 of 2010 -2- detrimental to the interest of the landlord. Therefore, she will not oppose the present petition, in case, one opportunity is granted to tenant to cross-examine Anil Gupta on the next date of hearing. She has further prayed that hearing of the case was deferred for a number of times to await appearance of the counsel for the petitioner-tenant. Therefore, petitioner has purposely caused delay. Be that as it may, prima facie it appears that the tenant was not vigilant to defend the case. Taking totality of the circumstances into consideration and to balance the equities, one opportunity is granted to the petitioner – tenant to cross-examine Anil Gupta on the next date of hearing. However, petitioner is burdened with the cost of Rs.5000/-. The present revision petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 18-08-2010 JUDGE manju