Getting witness statement to court

The court has power to bring him to the Court. You may ask the court to issue commission or even put in affidavit, but in any case the other the party will insist on cross examining the witness, so pray to the court to summon him as a witness. 

The Advice tendered by Mr. N.K. Assumi may be followed, but the witness may be annoyed and may depose against you. Alternatively, you may get the case transferred to MP.

It is common among the general public that the court cases are troublesome hence they prefer to keep away from it especially in those things which they are not involved.  Your house owner will be your side witness hence it is you who has got to convince him to appear before the court to depose evidence, if he is not willing or reluctant,then you cannot compel him or if you try to summon him through court, he may turn up but he will either turn hostile witness or will give evidence against you, in that case this will be fatal to your case.  Try some other source or challenge it by corroborating the circumstantial evidence.  Infact it will take much time for your side witness, i.e., she first has to complete prosecution, then only defence will get chance.  Wait until then.

You can pray to Court for appointment of a commissioner  to collect  oral evidence from the owner of the property at your costs and expenses

The Advise given by Hon'ble Shri Biswanath Roy, who is a very senior advocate with vast experience, has given replied your query in letter & spirit as you can pray to the Court for appointment of a Commissioner to collect oral evidence from the owner of the property at your costs and expenses if you can afford vis-a-vis the advise tendered by me and by Shri T. Kalaiselvan, Advocate has also enlightened you sufficiently.

Thank you very much seniors.