SAMIR Vs. ROSHAN PURI

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against the order dated 8.12.2005 passed by the Rent Controller on the application filed by the landlord vide which the building expert of the landlord was permitted to inspect the demised shop after removing its false ceiling. Counsel for the petitioners contends that the landlord has already examined his expert witness and after his examination, the aforesaid application was filed by him to fill-up the lacuna in the case. After hearing the counsel for the petitioners and going through the impugned order, I do not find any merit in the instant petition. No exceptional case for interference has been made out in the superintending jurisdiction of this Court which can only be exercised sparingly in an exceptional case as has been so held by the Hon'ble Supreme Court in Surya Dev Rai v. Ram Chander Rai, 2004(1) RCR(Civil) 147 : (2003)6 SCC 675. In this case, if the expert is permitted to inspect the demised shop after removing the false ceiling, no prejudice is going to be caused to any party particularly when the ejectment petition has been filed on the ground of material impairment and the building being unfit and unsafe for human habitation. It is always in the interest of justice that true picture regarding the condition of the demised premises should come before the Court so that proper adjudication could be made between the parties. Order accordingly.