S. VIKRAMJIT SINGH Vs. S. GURDEV SINGH

JUDGEMENT

(1.) BY this revision petition the order of the Rent Controller dated October 16, 1982, disallowing an application for issuance of interrogatories under Order 11 Rule 1 of the Code of Civil Procedure has been challenged by the tenant Vikramjit Singh who has claimed fixation of fair rent of the tenancy premises occupied by him.

(2.) THE petitioner Vikramjit Singh is occupying the tenancy premises as a tenant of the respondent Gurdev Singh. He has filed an application for fixation of fair rent of these premises under section 4 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'). He filed an application under Order 11 Rule 1 of the Code of Civil Procedure seeking permission of the Rent Controller to deliver interrogatories to the respondent for discovery of certain facts. He wanted the respondent to answer the following questions :

(3.) THE contention of the learned petitioner's counsel is that the interrogatories sought to be delivered to the respondent are pertinent to determine the fair rent of the tenancy premises and therefore the learned Rent Controller has returned an erroneous finding that the question contained in the interrogatories are irrelevant.