Kamaljit Singh Katoch vs Mohan Lal on 20 November, 2008

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                  Civil Revision No.6432 of 2008 (O&M)
                   Date of decision: 20th November, 2008


Kamaljit Singh Katoch

                                                                  ... Petitioner

                                  Versus

Mohan Lal
                                                                ... Respondent


CORAM:       HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:     Mr. Rajinder Goyal, Advocate for the petitioner.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Counsel for the petitioner, at the outset, has stated that the

petitioner though has not been vigilant to conclude his evidence, but there

was no malafide on the part of the petitioner and due to certain difficulties,

beyond his control, he could not conclude his evidence. He has further

stated that in case one opportunity is granted to him, he will conclude his

entire evidence. He has further stated that cost can heal the sours of the

respondent landlord.

Taking into consideration that the fair play and equity should

be balanced, I order that one opportunity should be granted to the tenant

petitioner to conclude his evidence and for lapse of his conduct, he is

burdened with a cost of Rs.7500/-.

It is stated that case is fixed before the Rent Controller today.

Counsel for the petitioner undertakes that he shall file an affidavit before

the Rent Controller today itself, that the case has been decided and that a
Civil Revision No. 6432 of 2008 (O&M) 2

short date of a fortnight be given. On the said date given, the cost shall be

paid and on that date, petitioner shall also conclude his evidence.

With these observations, present revision petition is disposed

off.

Copy of this order be given dasti, on usual charges.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
November 20, 2008
rps