- (1.) Mohan Lal and others have filed this revision petition against the order of the learned Rent Controller, Gurgaon, dated July 18, 1979, by which an application filed by the landlord-respondents for the framing of issues on the pleading of the parties was allowed and permission was granted to the parties to adduce any left out evidence or any other evidence which they may like to adduce on the issues that may be framed.
(2.) At the outset, it may be observed that this case has a little chequered history which has not been noticed by the learned Rent Controller at all. The facts of this case, which are not disputed by the learned counsel for the parties, may be stated thus :-
(3.) Bishan Sarup and others, respondents, filed an ejectment application against Duli Chand and others on the ground that they had sublet the property in dispute to Ramesh Chand and others, who are now petitioners. The tenants, i.e., Duli Chand and others, filed written statement on July 13, 1976, admitting the claim of the landlords. The petitioners (alleged sub-tenants) contested the ejectment application on the ground that the property had not been sublet to them by Duli Chand and others and that they were the real tenants under the landlords. The parties led evidence in support of their respective claims. The evidence was finally closed on January 24, 1978. On February 7, 1978, arguments were heard by the then Rent Controller and the case was adjourned to February 27, 1978, for orders. As the order was not ready, the case was adjourned to February 28, 1978. As the order was not ready, the case was posted for orders on March 6, 1978. On that date, an application was made, not by the landlords but by Duli Chand and others, tenants, who had filed the written statement admitting the claim of the landlords praying that they may be permitted to adduce additional evidence. Arguments were heard on that application on September 11, 1978 and vide order dated September 13, 1978, the then Rent Controller allowed the tenants to lead additional evidence.;