KHAJAN SINGH Vs. DUTT KUMAR MAITY

JUDGEMENT

(1.) C.M. No.2720/2014 (exemption)

(2.) This petition under Article 227 of the Constitution of India impugns the judgment of the Rent Control Tribunal dated 21.11.2013 by which the Rent Control Tribunal has dismissed the first appeal filed by the petitioner/landlord under Section 38 of the Delhi Rent Control Act, 1958 against the judgment of the trial court/Rent Controller dated 15.4.2013 dismissing the application of the petitioner/landlord under Section 151 read with Section 152 of the Code of Civil Procedure, 1908 (CPC) for filing the amended site plan of the tenanted premises instead of the site plan Ex.PW1/1 filed during the trial of the eviction petition.

(3.) The only issue before this Court, and which was also the issue before the courts below, was that as per the site plan Ex.PW1/1, tenanted premises were shown in the first floor whereas the tenanted premises are at the second floor and therefore whether amended site plan can be filed to show the tenanted premises at the second floor instead of the same being at the first floor as per Ex. PW1/1. Effectively an administrative mistake is said to have occurred by referring to the floor of the tenanted premises as first floor instead of second floor.