DOONGAR MAL SINGODIA Vs. ANOOP KUMAR

JUDGEMENT

(1.) HEARD Shri K. K. Arora, learned counsel for the petitioner-tenant.

(2.) BY this writ petition, the petitioner-tenant is challenging an order dated 14-11-2007 made in Rent Control Appeal No. 27 of 2006 by which his application (48-C), for cross examining Ms. Jyotsna Agarwal, grand daughter of the late landlord, in appeal, on her affidavit filed before the Prescribed Authority to establish that she is mentally challenged and is not capable and is not capable of doing business, which is alleged to be inherited by her by partition and carried out by her after the death of her grand-father, was rejected.

(3.) THE appellate Court has rejected the application on the ground that such an application was not moved in the trial court where she had filed the affidavit. The opportunity to cross-examine the witness is not to be allowed at the stage of appellate Court.