Himachal Pradesh High Court
Hardyal Singh vs Hardyal Singh & Another on 4 May, 2017
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
CMPMO No.256 of 2016.
Date of decision: 04.05.2017.
Hardyal Singh .....Petitioner/Respondent.
Versus Hardyal Singh & another .....Respondents/Petitioners.
Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting? 1No
For the Petitioner/
r : Mr.Deepak Gupta, Advocate.
Respondent.
For the Respondents/: Mr.Harsh Khanna, Advocate.
Petitioners.
Tarlok Singh Chauhan, Judge (Oral).
During the course of arguments, Shri Harsh Khanna, learned counsel for the respondents, states that he has instructions to admit the signatures of Shri Ajit Singh on Mark Z-5 as available at Page 162/99 of the records with further instructions that as regards the contents of the documents, he does not admit any word thereof.
2. In view of the admission of the signatures, the present petition succeeds and is accordingly allowed. The order passed by the learned Rent Controller on 02.06.2016 is accordingly set aside.
3. It would be noticed that the proceedings in the instant case were initiated nearly a decade back and have not yet been taken to its logical end.
4. In the given circumstances, the learned Rent Controller is directed to decide the rent petition as expeditiously as possible and in no event later than 30th September, 2017.
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5. However, before parting, it pains this Court to note that despite directions issued by this Court on administrative and judicial .
side, the learned Courts below have failed to draw the distinction with regard to exercise of their jurisdiction.
6. Admittedly, the order was passed in this behalf by the learned Rent Controller, who unfortunately appears to have signed the order in the capacity of Civil Judge (Senior Division), Court No.1, Shimla, H.P., instead of Rent Controller.
7. The present petition stands disposed of in the aforesaid terms, so also the pending application, if any.
4th May, 2017. (Tarlok Singh Chauhan), (krt) Judge.
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