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1996 DIGILAW 538 (KAR)

HARISINGH v. ACHAMMA

1996-09-09

A.M.FAROOQ

body1996
A. M. FAROOQ, J. ( 1 ) THIS revision petition filed under Section 50 of the Karnataka rent Control Act, 1961 is directed against the order dated 24-7-1996 in House Rent Case No. 290 of 1993. The revision petitioner is the respondent before the Trial Court, where the respondents herein instituted an eviction petition against the revision petitioner. ( 2 ) IN the said proceedings, the eviction petitioners filed LA. II under Section 29 of the Act praying to direct the revision petitioner to pay arrears of rent of Rs. 29,600/-being the rental arrears according to them from April 1988 till the end of May 1994 at the rate of Rs. 400 per month. The revision petitioner denied that he is due in arrears. According to him, he has paid rs. 5,000/- under Ex. R-3 cheque. ( 3 ) IT is stated by the revision petitioner that the first respondent is the mother of the second respondent and the second respondent has elder brother by name Balaram. This balaram was examined by the tenant-revision petitioner as his witness. The said witness was examined-in-chief by the Counsel appearing for the revision petitioner. The said witness admitted that the revision petitioner had issued a cheque for Rs. 5,000/- and that amount was withdrawn and the witness had given it to the respondents. He has also admitted that the cheque is Ex. R-3 and it contains his signature as per Ex. R-3 (a ). Further he stated in answer to a further question that he did not know properly that the marriage of one Ravishankar was performed in september or October 1993. At that stage, the Counsel for the revision petitioner sought permission to treat the witness as hostile and to permit him to cross-examine the said witness. The trial Court has rejected the said prayer. ( 4 ) IT is now contended by the learned Counsel for the revision petitioner that the Court below ought to have allowed him to treat the witness as hostile and cross-examine him since the witness has stated that a sum of Rs. 5000/- paid under Ex. R-3, cheque was for some other purpose and not towards the rent. I am unable to accept the said submission made on behalf of the revision petitioner. 5000/- paid under Ex. R-3, cheque was for some other purpose and not towards the rent. I am unable to accept the said submission made on behalf of the revision petitioner. Right to treat ones own witness as a hostile witness is not a substantive statutory right, but a procedural right conferred on the Court recording the evidence. The matter is entirely left to the discretion of the Court where the witness is being examined as to whether to permit the witness to be treated as hostile. Further a witness cannot be treated as hostile witness merely because his evidence is not favourable to the party examining him/her. The Court always aspires to find if the witness desires to tell the truth. That aspiration is the yardstick which measures the appreciation of a witness. It is with the object that the provision is enacted in Section 154 of the evidence Aet, giving, the Court discretion to permit or not to permit the person who calls the witness to put any question, which might be put in cross-examination. Section 154 of the evidence Act reads as under:"the Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party". From the facts and circumstances of the case what transpires is that the revision petitioner has taken a risk in examining balaram as his witness and the said witness has stated certain facts. There is nothing to show from the evidence of the said witness that he is hostile to the revision petitioner. Just because he has not deposed in the way the revision petitioner wanted it to be, it cannot be said that the said witness is not telling the truth or is giving evidence contrary to the interest of the revision petitioner, who has called him to give evidence. When the Court below has exercised its discretion under Section 154 of the Evi- dence Act, this Court is not entitled to interfere under its fevi- sional power. ( 5 ) FOR the reasons stated above, this revision petition is dismissed. --- *** --- .