GHANI MOHAMMAD Vs. JAMALUDDIN

JUDGEMENT

(1.) Respondent No. 1 tenant, moved an application underSection 44 of the Delhi Rent Control Act seeking the premission of theController to make repairs in the premises in his tenancy. It was alleged,inter allia, that there was a hole in the back wall and the plaster has lost itsstrength and the wall was likely to fall. The petitioner-landlord contested theapplication and alleged, inter alia, that the back wall has fallen by the overtact of the tenant.

(2.) In those proceedings the landlord moved an application underOrder 26 rule 9, Code of Civil Procedure, for appointing a Local Commissionerto ascertain the facts on the spot. This application was dismissed by thelearned Addl, Controller.

(3.) The object of local investigation is not to together evidence which canbe taken in court but to obtain evidence which from its peculiar nature canonly be had on the spot. The fact whether the wall has fallen downor not can be proved by producing evidence. In any case the order isdiscretionary and calls for no interference in exercise of the powers underArticle 227 of the Constitution. Dismissed.