MOHD BURHAN Vs. TRILOKI NATH NIRMAL

JUDGEMENT

(1.) Brief Facts 1. The present petition challenges the order dated 9th February, 2018 by which the ld. Additional Rent Controller (hereinafter, 'ARC') has curtailed the right of the Petitioner/Tenant (hereinafter, 'Tenant') to cross-examine the Respondent/Landlord (hereinafter, 'Landlord') in respect of Will dated 17th November, 1995. The petition also challenges the order dated 11th May, 2018 by which the application seeking review of order dated 9th February, 2018 has been dismissed.

(2.) In April, 2012, the Landlord had filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter, 'DRC Act') against the Tenant in respect of property bearing no. E-45/1, Ground Floor, Main Market, Hauz Khas, New Delhi - 110016 (hereinafter, 'tenanted premises'). Initially, leave to defend was not granted to the Tenant and a decree of eviction was passed on 18th February, 2013. The revision petition challenging the said order dated 18th February, 2013 was dismissed on 25th August, 2014. The said matter, however, finally culminated with the order of the Supreme Court on 18th April, 2017 by which the leave to defend was granted and expeditious disposal was directed. The order of the Supreme Court reads as under:

(3.) Thereafter, the matter has proceeded before the ARC. The Tenant filed his written statement and once the pleadings were complete, the matter was listed for Landlord's evidence. On 14th September, 2017, the Landlord tendered his affidavit-in-evidence and was examined-in-chief. The cross-examination commenced on 12th December, 2017. However, the Court at that stage was of the opinion that the Tenant could not cross-examine the Landlord in respect of the Will and the question as to whether the Tenant can challenge the Will was left to be decided as a legal issue before further cross-examination could continue. The order dated 12th December, 2017 reads: