Nanhe Khan & Another vs Chattar Jeet Singh

Sureshwar Thakur, J .

After closure of the landlord/petitioner’s evidence, the respondents/tenants, petitioners herein, had, examined one witness, for, discharging the apt

onus, on the relevant issue(s). However, thereafter, the respondents/tenants, petitioners herein, despite, taking steps, for ensuring, effectuation of

service, upon, the other respondents’ witnesses, could not ensure their presence before the learned Rent Controller, (a) as they remained either

unÂ​served, (b) besides one RW namely Sh. Sant Ram, despite, service rather omitting, to, his record appearance before the learned Rent Controller.

Exfacie, hence despite the counsel for the respondents/tenants, petitioners herein, making apt strivings,’ for ensuring adduction of respondents’

evidence, on the relevant issues, the learned Rent Controller concerned, has, ordered for closure of the respondents’ evidence, (c) on the perÂse

flimsy pretext that despite several opportunities being granted to the respondents for producing their evidence, theirs’ yet failing to produce their

evidence.

Reiteratedly, the aforesaid discussion rather discloses qua the respondents’, rather not omitting, to, take the relevant steps. However the

respondents’ witnesses could not either be hence served or despite service, they/he omitted, to record his/their presence, and, thereupon, rather

the learned Rent Controller concerned, was, enjoined to direct the counsel for the respondents to take fresh steps, and, also order for issuance of

notice, under, Order 16 Rule 12 CPC, upon, the absenting served witnesses, for, the latter hence recording his/their appearance before it, instead, of

ordering, for, closure, of, the respondents’ evidence.

allowed, and, the impugned order is quashed and set aside. The learned Rent Controller is directed to permit the petitioners herein to, after taking the

requisite steps, for ensuring the presence of respondents’ witnesses, record the apt evidence, on the relevant issues.

The learned Rent Controller is further directed to, pronounce its verdict, upon the apt rent petition, within six weeks, after closure, of, evidence. All

pending applications, also stand disposed of.