V. P. Gupta, J.—This revision petition is directed against the order, dated 28th November, 1^77 pissed by the Rent Controller (() Simla, whereby he closed the remaining evidence of respondent-landlord (present petitioner).

2. The brief facts are that Kirpa Ram tenant (present respondent) filed an application under section 4 of the Punjab Urban Rent Restriction Act on 23.7.1971 and prayed that the fair rent of the premises occupied by him under Smt. Dayawanti and others landlords be fixed after necessary enquiries as envisaged under the law. This application was contested by the landlords and on the pleadings of the parties the following issues were framed on 25-5-1972: “1. What is the fair rent of the premises in dispute? (O. P. Parties)

2. Whether the respondents effected improvements in the premises in dispute after 1938-A. D., if so, its effect ? (OPR)

3. Relief. Thereafter the case proceeded for the evidence of the parties. The evidence of the tenant-respondent was closed in the affirmative on 8-8-73 and the case was fixed for landlord-petitioners evidence. Some of the petitioners evidence was recorded on 13-3-74 and thereafter it was fixed for the remaining evidence of t