High CourtsSingle Bench

Harjinder Singh vs Gurdev Singh

Punjab And Haryana At Chandigarh · Decided on 18 January 1990 · Citation: (1990) 98 PLR 163 : (1990) 98 PLR 162

HON’BLE JUDGES
J.V. Gupta, Acting C.J.
ACTS & SECTIONS REFERRED
East Punjab Urban Rent Restriction Act, 1949 — Section 15(5)
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 3335 of 1989
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Judgment

5 paragraphs · 201 words

J.V. Gupta, Acting C.J.—This revision petition as directed against the order of the Rent Controller dated August 7, 1989, whereby the application for appointment of the local commissioner by the Rent Controller filed by the tenant was rejected.

2.

It has been stated in the impugned order :--

"It has been pleaded that three local commissioners have already inspected the disputed property and their reports are already on the file. I have gone through the file In this case, at the first instance, on the day, when the ejectment petition was presented before the Court. Shri K. S. Malhi, Advocate, was appointed as Local Commissioner by my learned predecessor, Shri A. S. Kathuria and be had submitted his report regarding the actual and factual position at the spot of the disputed property."

Since, already local commissioner was appointed, the question of appointing further local commissioner did not arise. There is no illegality in the impugned order as to be interfered with in the re visional jurisdiction.

3.

Consequently, this revision petition fails and is dismissed. Since further proceedings were stayed at the time of the motion hearing, the petitioner is directed to appear before the Rent Controller on February 8, 1990.