Ashwani Kumar vs Gopal Krishan

J.V. Gupta, J.—This petition is directed against the order of the Rent Controller Nawanshahar dated 7.6.88 whereby the application filed by the tenant for producing additional evidence was dismissed.

By virtue of this additional evidence the tenant wanted to bring on record a judgment between the parties and the death certificate of his father who died on 18.5.1972. The learned Rent Controller dismissed the said application on the ground that no case was made out for grant of permission to lead additional evidence as the judgment produced was not admissible in evidence and the other documents were in the possession and knowledge of the tenant but he failed to produce the same at the relevant stage.

After hearing the learned counsel for the parties, I am of the considered view that the whole approach of the learned Rent Controller was wrong, illegal and misconceived. The documents sought to be produced were of impeachable character and the same should have been allowed on payment of costs, if any. Consequently this petition succeeds, the impugned order is set aside an the tenant is allowed to produce the additional evidence on payment of Rs.200/- as costs.

Since further proceedings were stayed by this Court at the time of motion hearing parties are directed to appear before the learned Rent Controller on 23.8.1989 for payment of costs and further proceedings.

Petition allowed.