Civil Revision No.5294 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.5294 of 2009 (O&M) DATE OF DECISION: 07.10.2009 **** Dr. Gurdeep Singh . . . . Petitioner VS. Ajmail Singh . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Sunil Chadha, Advocate for the petitioner Mr. P.K. Jain, Advocate for the respondent ***** SURYA KANT J.(ORAL) The petition-tenant is aggrieved at the order dated 20.08.2009 passed by the Rent Controller, Ludhiana dismissing his application, to strike off the affidavit/evidence led by the respondent-landlord in rebuttal. According to the tenant-petitioner, he does not want to press issue No.3 framed at his instance and hence the evidence led by the respondent against that issue is also liable to be struck off from the record. Having heard learned counsel for the parties, I do not find any merit in the contention raised on behalf of the petitioner, who had the liberty not to press issue No.3 before the evidence was started. That fact is that both the parties have already led their evidence on that issue. If the petitioner does not want to press issue No.3, frame allegedly beyond the pleadings, he can raise such a Civil Revision No.5294 of 2009 - 2 - contention at the time of the final hearing and the same shall be gone into by the Rent Controller in accordance with law. Learned counsel for the petitioner relies upon a decision of this Court in Sharam Singh vs. Gurjit Singh and others, 2002(1) CCC 665 (P&H), which has no applicability on facts or the issue noticed hereinabove. For the reason that the parties have already led their evidence on Issue No.3, it is for the petitioner not to press that issue at the time of final hearing. Dismissed. (SURYA KANT) JUDGE 07.10.2009 shonkar