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SMT. BASANTI DEVI & ORS versus RADHA KISHAN & ORS

High Court of Punjab and Haryana, Chandigarh

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Smt. Basanti Devi & Ors v. Radha Kishan & Ors - CR-853-2005 [2006] RD-P&H 287 (23 January 2006)

Civil Revision No. 853 of 2005 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No. 853 of 2005

Date of Decision: February 03, 2006

Smt. Basanti Devi and others .........Petitioners versus

Radha Kishan and others ..........Respondents Present:- Shri Ajay Jain, Advocate for the petitioners.

Shri Puneet Leekha, Advocate for respondent No.1 HEMANT GUPTA, J.

The challenge in the present revision petition is to the order passed by the learned Appellate Authority on 24.11.2004 whereby the application filed by the petitioners for permission to lead additional evidence was declined.

In a petition under section 5 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter to be referred as "the Act"), the learned Rent Controller assessed the rent at the rate of Rs.591.15. The said rent was assessed in view of the fact that on the basis of compromise Civil Revision No. 853 of 2005 [2]

between the parties the learned Rent Controller fixed the fair rent on 1.11.1993 in a petition filed under section 4 of the Act.

The application for additional evidence was filed on the ground that in view of the change of law, the petitioners want to produce additional evidence to prove the prevalent rent in the locality. However, the said application was dismissed on the ground that the present petition is under section 5 of the Act and the same has to be decided on the basis of fair rent fixed by the authorities on 1.11.1993 and, therefore, the additional evidence sought is not relevant for the decision of the case.

The said finding cannot be said to be suffering from any patent illegality or material irregularity warranting interference by this court in exercise of its revisional jurisdiction.

Dismissed.

FEBRUARY 03, 2006 ( HEMANT GUPTA )

ks JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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