M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) THE plaintiff -respondent filed suit for eviction impleading two defendants, first defendant, as a tenant and the second defendant as sub -tenant, alleging, interalia, that defendant No. 1 inducted as a tenant who in turn, sub - let the said premises to defendant No. 2. Defendant No. 1 filed written statement denying and disputing the relationship of landlord and tenant. It was stated by defendant No. 1 that plaintiff is not the owner of the building, which is a Wakf Property and he was never inducted as tenant. Defendant No. 2 also filed written statement denying the relationship of landlord and tenant and also allegation of subletting. During pendency of the suit an order under Section 15 of the B.B.C. Act was passed directing defendant No. 1 to deposit rent. As the defendant No. 1 did not comply the order, his defence against ejectment was struck of. Thereafter, hearing of the suit was proceeded and the plaintiff examined witnesses. However, petitioner was not allowed to cross -examine the witnesses. The court below, by order dated 20.5.2006, held that petitioner cannot be permitted to cross -examine the witnesses. The said order is impugned in this application.
(3.) I have heard Mr. Ananda Sen, learned Counsel appearing for the petitioner and Mr. Jawahar Prasad, learned Counsel for the respondent.;