J.V.GUPTA,J - (1.) THE petition directed against the order of the Rent Controller dated 8.11.1988 whereby the application filed by the landlord under Order 18 Rule 17-A for producing copy of the sale deed and one witness was declined. One of the issues between the parties is whether there is relationship of landlord and tenant between them. In order to prove the same the landlord wanted to produce the sale deed in his favour and his brother who rented out the premises initially to depose that the petitioner is the owner and landlord of the demised premises. This prayer has been declined by the learned Rent Controller primarily on the ground that if it is allowed, it would work injustice to the tenant as it would amount to allowing the petitioner to give an opportunity to improve upon his case.
(2.) AFTER hearing the learned counsel for the parties, I find that it was a fit case where the said evidence should have been allowed. This will avoid multiplicity of proceedings as well. Since the landlord failed to produce his evidence earlier, he should have been burdened with costs. Consequently, this petition succeeds, the impugned order is set aside and the landlord is allowed to produce the said evidence on payment of Rs. 200/- as costs. He may be given only one opportunity for the purpose. The tenant will also be entitled to lead evidence if any in rebuttal thereto for which only one opportunity will be given to him at his own responsibility.
(3.) THE parties are directed to appear before the learned Rent Controller on 21.2.1989. Petition accepted.;