Kanwaljit Singh Ahluwalia, J.

1. Petitioner - Trust filed a petition for eviction of the tenant. On the request of the petitioner, a Local Commissioner was appointed to submit the report. Thereafter, on 7.12.2009 an application was filed by the petitioner - landlord that a permission be granted qua Sh. Anil Malik, an expert witness to examine the premises and prepare a site plan and to report regarding the unauthorized construction in the premises in question by the tenant. This application was rejected on the ground that earlier also Pankaj Kumar, Advocate was appointed as Local Commissioner and he had inspected the premises and prepared the site plan. The Rent Controller dismissed this application vide impugned order dated 9.03.2010 on the ground that earlier petitioner - landlord had availed four effective opportunities and the site plan (Annexures P-7 & P-8) are also on record along with report of the Local Commissioner Annexure P-6.

2. I have heard counsel for the parties. Report of the Local Commissioner always give the visual observation regarding the existence or non-existence of unauthorized construction. As and when unauthorized construction was carried, what is i