KHATIZA BEGUM Vs. MEHAR ILLAHI

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner, seeking to assail the order dated 3.2.2004, passed by the Additional Rent Controller, Delhi. Learned counsel for the petitioner submits that after the amendment of Section 115 of the Code of Civil Procedure, the present writ petition has been filed instead and is maintainable

(2.) He places reliance on Surya Dev Rai Vs.Ram Chander Rai & Ors. reported at Judgment Today 2003 (6) Supreme Court 465, wherein the Supreme Court taking note of the amendment in Section 115 of the Code of Civil Procedure held and summed the situations, where a writ of certiorari by petition under Article 226 or under Article 227 of the Constitution of India would be maintainable. Counsel for petitioner, therefore, urges that petition is maintainable.

(3.) Petitioner assails the impugned order permitting the landlord-tenant to produce at a belated stage, the documents, which are notices of termination of tenancy, subject to costs. It is urged that the affidavit by way of evidence had already been filed by the respondent-landlord and the petitioner had cross-examined him. Petitioner-tenant's evidence was to be led and at this belated stage, the notices terminating the tenancy are sought to be produced.