ABDUL GAFFAR Vs. INDERJEET KALRA

JUDGEMENT

(1.) TENANT -petitioner has filed the present petition under Article 227 of the Constitution of India, taking exception to the order dated 18.2.2013, passed by the Rent Controller, Court No.7, Shimla, in Case No.9-2 of 11/09, titled as Inder Jeet Kalra versus Abdul Gaffar, which reads as under:

(2.) BEFORE this Court, tenant has placed on record medical prescriptions/bills to prima facie show that he is 65 years of age and undergoing medical treatment at various hospitals, including Deen Dayal Upadhaya, Zonal Hospital, Shimla and Department of Radio-Diagnosis & Imaging, Institute of Medical Sciences, Srinagar and it was on account of his ill-health that he could not lead evidence in support of his claim before the Court below.

(3.) NOTICEABLY , landlord, respondent herein, filed petition for ejectment in the year 2009. Issues were framed on 17.9.2009. Record reveals that between 30.10.2009 and 21.7.2011, statements of all the witnesses of the landlord were recorded. At this juncture, it be also noticed that during this period, for five months, no Presiding Officer was available.