VASANTH MADHAVA, S/O K. NARASIMHACHAR, AGED ABOUT 75 YEARS, R/AT NO. 169, SRINIVASANGAR, BANASHANKARI I STAGE, BANGALORE-560050 Vs. E. SECHADRI, S/O LATE E. KUTTI DORAI, AGED ABOUT 67 YEARS, R/AT NO. 351 16TH CROSS, VII MAIN ROAD, V BLOCK, JAYAN

JUDGEMENT

(1.) The petitioner instituted a suit in O. S. No. 1083/2003, seeking a relief of specific performance of contract of the Sale dated 29.12.1989 said to have been executed by the respondent herein. When, the petitioner was being examined as P. W. 1, during the cross-examination on 27.08.2011, he admitted in the evidence that at the time of the Agreement of Sale, he was given a photocopy of the Lease-cum-Sale Agreement and a photocopy was shown to this witness and he admitted that a similar photocopy which was shown was given to him at the time of the Lease Agreement. At that time, the plaintiff's counsel objected to admit the document in evidence, it is thereafter, the witness went through the said photocopy and admitted that the photocopy of the document given to him was similar to the document shown. As marking of the document was objected, the said objections were over-ruled and it was marked as Ex. D2. It is this portion in the evidence, which has been challenged in the present writ petition as inadmissible evidence and the petitioner had sought for quashing the said portion.

(2.) Heard the learned counsel for both the parties.

(3.) As could be gathered from the facts, the respondent is holding a site allotted by the Bangalore Development Authority under a Lease-cum-Sale Agreement. The petitioner agreed to purchase the said site for a consideration of Rs. 98,000-00. He paid Rs. 90,000-00, took possession of the suit property and put up construction over the said site. At the time of execution of the Sale Agreement, the petitioner had received a photocopy of the Lease-cum-Sale Agreement So, while the petitioner was under cross-examination, one photocopy was shown to him and the petitioner admitted that it is similar to the photocopy, which was given to him at the time of execution of the Sale Agreement So, as the witness admitted receipt of the photocopy of the Lease-cum-Sale Agreement, the said document was marked.