J.V.GUPTA,J - (1.) THIS petition directed against the order of the Rent Controller, dated 30th May, 1989, whereby the application filed on behalf of the landlord for leading additional evidence was dismissed.
(2.) ORIGINALLY , Ashwani Kumar filed an ejectment application against his tenant Jai Dev in the year 1984 inter alia, on the grounds of bonafide personal necessity of the landlord and of his son Chandan. During the pendency of this ejectment application, landlord Ashwani Kumar died and his son Chandan was brought on the record as his legal representative. Chandan moved an application that he should be allowed to appear as his own witness in support of his case by way of additional evidence. This application was resisted on behalf of the tenant and the learned Rent Controller dismissed the same by impugned order, primarily on the ground that the petition has been filed to harass the respondent and he has not come to the Court with clean hands. Learned counsel for the petitioner submitted that the ejectment was being sought on the ground of bonafide personal requirement of landlord Ashwani Kumar as well as of his son Chandan. Since Ashwani Kumar has died and now it is the necessity of his son Chandan for which he wanted to lead evidence. Thus, argued the learned counsel, it was a fit case for allowing additional evidence. On the other hand, learned counsel for the respondent submitted that as a matter of fact, Chandan has already filed a separate ejectment application on 11.11.1988 on the ground of bonafide personal requirement. That being so, argued the learned counsel, this petition as such has become infructuous and landlord Chandan may pursue his ejectment application filed by him separately.
(3.) AFTER hearing the learned counsel for the parties, I am of the considered view that both the petitions, i.e. the one filed by Chandan on 11.11.1988 pending in a different Court be transferred to the Court of Mrs. Raj Rahul Garg, Rent Controller, Rohtak and tried and decided together after consolidating the same.;