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2011 DIGILAW 1146 (PNJ)

Gurbachan Singh v. Tarsem Lal

2011-04-29

RAKESH KUMAR JAIN

body2011
JUDGMENT RAKESH KUMAR JAIN, J. - This revision petition is directed against the order dated 06.04.2011 passed by the learned Rent Controller, Ludhiana by which an application filed by the tenant for placing and proving on record some documents, has been declined. 2. In short, the landlord filed the eviction petition, inter alia, on the grounds of non-payment of rent and ceased to occupy the demised premises from the last 4 months prior to the filing of the eviction petition. The tenant tendered his affidavit on 03.03.2010 along with the documents. His cross-examination was recorded on 08.09.2010. He was re-called for further cross-examination on 16.11.2010. Thereafter, he filed the application in order to place and prove on record the renewed premium receipt dated 18.03.1997 and the Income Tax Returns for the years 1999-2000, 2000-2001 and 2001-2002. 3. It is argued by learned counsel for the petitioner that though these Income Tax Returns have been produced on record but the petitioner could not prove them, therefore, he may be permitted to be re-called so that he can prove these documents as well. 4. I have heard learned counsel for the petitioner and perused the impugned order from which I have found that there is no error committed by the learned Court below because no reason has been assigned by the petitioner as to why he had not proved the said documents at the time when he was leading his evidence. 5. In the absence of any reason on the part of the petitioner/tenant, it would not be justified to disturb the order passed by the learned Court below and hence, the present revision petition is found to be totally frivolous and as such, the same is hereby dismissed with costs of Rs.5,000/-. Petition Dismissed.