SAMANVAY BHUTANI Vs. AZAD SINGH KATARIA

JUDGEMENT

(1.) This is a petition under Article 227 of Constitution of India for setting aside the order dated 24.08.2015 passed by learned Rent Controller, Gurgaon dismissing the application of the petitioner for ascertaining the fact whether the actual area of the rented shop is 1275 square feet or 1800 square feet.

(2.) The relevant facts, as garnered from the pleadings of the petitioner and the documents filed by him are that petitioner had taken a shop on rent from the respondent vide rent deed dated 16.07.2011 which became effective on 22.07.2011. An eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was filed by the respondent against the petitioner which was allowed and order of eviction dated 03.12.2013 was passed against him. The appeal filed by him against the ejectment order was dismissed vide order dated 23.01.2014 by the Appellate Authority, Gurgaon. During the execution proceedings, the petitioner filed an application praying the Court to ascertain the actual area of the rented property. The application was dismissed by learned Rent Controller vide order dated 24.08.2015. Feeling aggrieved by the said order, the instant revision has been filed.

(3.) The submissions of learned counsel representing the petitioner have been heard.