AHMEDSAHEB (D) BY LRS Vs. SAYED ISMAIL

JUDGEMENT

(1.) The parties in the above special leave petitions are common and the issue relates to the shop premises with regard to which proceedings were initiated before the Courts below which were dealt with by the High Court in the orders impugned in these petitions and, therefore, the same are being disposed of by this common order.

(2.) Leave granted.

(3.) To trace the brief facts, the appellants herein filed Regular Civil Suit No.167 of 1974, RCS No.211 of 1977 and RCS No.240 of 1980 against the respondent herein for recovery of arrears of rent for the period covering October 1971 to November 1980. The suits were decreed by the trial Court and the same was also confirmed by the lower appellate Court. However, the High Court set aside the judgment and decree of the Courts below on the sole ground that the rent deed marked as Exhibit-69 cannot be legally accepted in evidence for the purpose of recovery of rent and consequently the decree granted in favour of the appellants based on such inadmissible document cannot be sustained. While holding so, the High Court placed reliance on Anthony v. K.C. Ittoop & Sons & Ors, 2000 6 SCC 394.