JOGINDER SINGH Vs. AMAR NATH GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the order dated 29.11.2011 of Sr.Civil Judge-cum-Rent Controller, North West.

(2.) The petitioner was the tenant under the respondent in respect of an office space on the ground floor of premises C-6, Wazirpur Industrial Area. The respondent filed eviction petition against them under Section 14(1)(a) (c) & (k) of the Delhi Rent Control Act (for short the 'Act'). The respondent (plaintiff in the suit) examined himself as his witness and tendered the documents Ex.PW1/1 to 11 on 26.05.2010. He was cross examined by the petitioner on 17.10.2011.

(3.) In the instant petition, the grievance of the petitioner as set out was that this notice dated 17.11.1993 was neither summoned, nor it was pleaded by the respondent in the eviction petition and thus, could not be proved from the testimony of PW2. In the instant petition, an application was also filed by the petitioner challenging the proceedings dated 26.5.2010 when the statement of the respondent was recorded and in his statement, an inspection note of DVB (Delhi Vidhyut Board) was allowed to be proved. The grievance of the petitioner, in this regard, is also that the inspection note was neither summoned nor it was in the pleadings of the eviction petition, and thus, could not be allowed to be proved by the respondent in his statement.