- (1.) This order will dispose of Civil Revision Nos.1938 and 1939 of 2012 as both the petitions are between the same parties and contain similar facts and similar relief has been sought in both the petitions. However, the facts have been extracted from Civil Revision No. 1938 of 2012. The present revision petition filed by the tenant is directed against the order dated 16.3.2012 passed by the Rent Controller, Ambala wherein the application for adjournment of the ejectment application has been rejected and the evidence of the tenant has been closed by order and the case has been fixed for today i.e. 28.3.2012 for rebuttal evidence, if any, and arguments.
(2.) A perusal of the order dated 16.3.2012 passed by the Rent Controller, Ambala goes on to show that the tenant-petitioner has been using all delaying tactics to avoid the disposal of the ejectment application filed on 26.11.2008. He had also wasted the time of the Court by firstly getting the application decided in his favour for recording his statement by way of Commission. When fee of the Commission had to be paid, he himself appeared in Court to avoid the payment of said fee and also filed an application that his evidence should be recorded through a specific counsel. The conduct of the tenant can not be appreciated. However, keeping in view the interest of justice since the tenant has not got an opportunity to place his version on record by way of evidence, it would be appropriate if he is allowed to appear in the witness box to put forth his version for which the landlord can be compensated with costs.
(3.) Accordingly, both the revision petitions are allowed and the orders dated 16.3.2012 passed by the Rent Controller, Ambala are set aside to the extent by which evidence of the tenant was closed by Court order. The tenant is permitted to appear in Court and give his statement on the next date of hearing which is to fixed by the Rent Controller, Ambala subject to payment of Rs.5000/- as consolidated costs, which shall be paid to the Landlord on the date fixed. The notices in these petitions are not being issued to the respondent to avoid delay in the trial as well as unnecessary expenses which will be incurred by him. It is made clear that if the tenant does not appear and get his statement recorded on the next date of hearing fixed by the Rent Controller, Ambala or if the costs are not paid, no further opportunity shall be granted to the tenant for this purpose and the revision petitions shall be deemed to have been dismissed.;