Mr. Ajay Tewari, J.: - This petition has been filed against the order of the learned Rent Controller dated 13.5.2015 rejecting an application for secondary evidence.

2. As per the case of the petitioners, Tek Chand, father of petitioner No.1, had purchased the property on 06.11.1968 and let out the same on rent vide rent note dated 18.3.1994. However, Tek Chand died in the year 1988 and after his death, the petitioners could not trace out the original rent note. Therefore, since the petitioners had only a photostat copy of the rent note, they wanted to prove it by way of secondary evidence. The Rent Controller declined it primarily on the ground that a photostat copy being something which can be easily manipulated, the application cannot be allowed.

3. Learned counsel has relied upon a judgment of this Court in the case of Prem Lata vs. Dwarka Parsad and others, 2014(1) ICC 785 wherein it has been held as follows:

“7. I have given my thoughtful consideration to the matter. A party can be permitted to lead secondary evidence of a document on proving existence, execution and loss of the original document. Permission to lead secondary evidence in the instant case can also be g