Devinder Sehdev vs Malkiat Singh

Kanwaljit Singh Ahluwalia, J.—Counsel for the petitioner states that the trial Court has closed the evidence of the petitioner on the ground that he had availed numerous opportunities, but had failed to conclude his evidence. Learned counsel states that in case one opportunity is granted, the petitioner will examine all the witnesses on that date at his own risk and responsibility.

After hearing counsel for the petitioner, this Court is of the view that principle of fair play and balance of equities demand that an opportunity should be granted to the petitionertenant to conclude his entire evidence on the date fixed by the trial Court. The petitioner shall examine all of his witnesses at his own risk and responsibility. However, since the petitioner has not been diligent enough to conclude his evidence, this is a case where the respondentlandlord ought to be compensated, as he has suffered due to delay at the instance of the petitionertenant. Hence, a cost of Rs. 5,000/ is awarded in favour of the respondentlandlord, on payment whereof, one opportunity shall be granted to the petitionertenant.

With the observations made above, present revision petition is disposed of.