IMTIAZI BEGUM Vs. SHAMS UD DIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed on behalf of the landlady and is directed against an interlocutory order dated 18th May, 1982 passed by the learned Additional Rent Controller, whereby the learned Additional Rent Controller, dismissed the application dated 30th October, 1981 filed in the trial court on 5th November, 1981. By this application the applicant/landlady sought to prove a photostate copy of the money order form of the original money order form and also the original acknowledgement of the money order purported to have been signed by the tenant.

(2.) To appreciate the submissions of learned counsel for the parties, it is necessary to state a few facts.

(3.) The case of the landlady is that a room measuring 14'x9' situate on the second floor of premises No. 1543. Suiwalan.Jama Masjid Delhi, was let out to the respondent/tenant for commercial purposes in l974@Rs. 200.00 per month. The tenant defaulted in paying the rents and a notice of demand dated 21st July 1978 was served on the respondent/ tenant and inspite of that since he failed to pay the arrears of rent, the petition for eviction was filed on or about 11th October, 1979 for nonpayment of arrears of rent@ Rs.200.00 per month due from 1st January, 1977. The petition .was also filed on the ground of sub-letting.