- (1.) This is a dispute between a tenant and a landlord regarding the ejectment of the former from a shop situate in Ludhiana. At the request of the respondent-landlord the learned Rent Controller had appointed Shri Bodh Raj, an approved Surveyor and Architect, to inspect the building and to make report. The learned counsel for the parties agreed that he did submit a report in Court. The tenant-petitioner made a prayer that he be allowed to summon one witness and it is stated at the Bar that it was indicated that he wanted to produce Sh. Bodh Raj as a witness. This prayer has been turned down. The tenant-petitioner has come up in revision before me.
(2.) The learned Rent Controller has observed that the tenant had been granted many adjournments for producing his evidence and prayer for further adjournment was declined because the petitioner had not taken any steps to get this witness summoned. To that extent the petitioner is of course at fault, but since the witness who is sought to be summoned had inspected the building at the request of the respondent and he has to depose about the nature of the building, as a matter of indulgence, I allow one opportunity to the petitioner to examine the witness on payment of Rs. 300/- as costs. The petitioner shall be given Dasti summons for getting the service on this witness effected on the first date of hearing and it shall be his responsibility to get this witness served. If for any reason the witness does not turn up, no further adjournment shall be granted. The payment of costs shall be conditional. The parties through their learned counsel are directed to appear before the learned Rent Controller on 16.5.1983.;