VIJAYA NAGARAJ Vs. VOKKALIGARA SANGHA

JUDGEMENT

(1.) The respondent in HRC No. 88/2015 on the file of the Chief Judge, Court of Small Causes, Bengaluru, has come up in this revision impugning the order dated 15.02.2016 insofar as it relates to the application filed by her under Order VIII, Rule 1-A of CPC. The trial Court while allowing the said application in part, has refused to take on record the lease deed dated 01.08.2014 on the ground that it is inadmissible in evidence.

(2.) It is seen that the proceedings in HRC No. 88/2015 are initiated by the landlord, respondent herein, under Section 27(2)(a)(h) of the Karnataka Rent Act, 1999, seeking eviction of the tenant, petitioner herein, from the petition schedule property and for grant for damages on the premise that the tenant is continuing in the said property even after expiry of the lease period and as the landlord - Sangha required the petition property for the bona fide use and occupation of its members, it got issued legal notice dated 11.11.2013 terminating the lease in favour of the tenant with effect from 26.11.2013. Since the tenant failed to vacate the petition property, the landlord filed eviction petition for the aforesaid reliefs.

(3.) In the said proceedings, two applications were filed by the tenant: one under Order XI, Rule 12 of CPC., seeking direction to the petitioner - landlord to produce certain documents said to be in its custody and another application under Order VIII, Rule 1-A of CPC., seeking permission to produce certain documents, including lease deed dated 01.08.2014, which is wrongly referred to in the order impugned as executed on 28.07.2014, which is the date on which the stamp paper is secured by the tenant - Smt.K. Vijaya Nagaraj. The tenant sought for production of the said lease deed in support of her defence to the effect that she is continuing in possession of the petition property under the said lease deed executed by the General Secretary of the landlord - Sangha leasing the petition property in her favour for a period of thirty years from 01.08.2014 on a monthly rental of Rs.1,866/-.