SURINDER KUMAR GOYAL Vs. R N JAVERI

JUDGEMENT

(1.) In this appeal under section 39 of the Delhi Rent Control Act 1958, the appellant has moved an application seeking leave to produce further evidence. The application is made 'under Order 41 rule 27 read with section 151 of the Code of Civil Procedure' and prays for the case to be remitted to the Additional Rent Controller for recording additional evidence. However, in the course of the argument, counsel for the appellant merely wanted that some developments which have occurred after the matter was tried at first instance be taken into consideration whilst deciding the appeal. There is no doubt that this will entail taking notice of facts which have neither been admitted nor proved on record. Therefor, counsel for the respondent contended that, since this was a second appeal which could be entertained only on 'some substantial question of law', the application could not be allowed even in the modified form in which it was argued. So, the question which I have to decide is, whether in a second appeal, maintainable solely on questions of law the court has power to take notice or admit evidence of facts which have arisen after the case was originally tried.

(2.) A few relevant facts will help to bring out the question in full relief. In 1949 the perpetual leasehold rights in respect of the plot of land at 108, Sunder Nagar, New Delhi, were purchased jointly by the appellant, Surender Kumar Goel, and his mother. The lease was executed much later and was registered on 17th October 1956. In the meantime, between 1951 and 1953, a double-storeyed house had been constructed on this plot comprising a self-contained flat on each floor. The cost of the building was jointly subscribed by the father and the mother of the appellant. Thus, the parents became co-owners of the structure. On 1st March 1957, they jointly executed a registered deed gifting the first floor of the house to the appellant.

(3.) The father of the appellant was employed as a Superintending Engineer in the Military Engineers Services. Till 1961 he was posted in Delhi and resided with his family, including the appellant, in the ground floor of the house. Then, he was transferred to Lucknow, to which place he removed with his wife. The appellant got married in 1961 and remained behind in Delhi.