RAGHUNANDAN SARAN ASHOK SARAN Vs. AMRIT LAL CHOPRA

JUDGEMENT

(1.) The facts giving rise to this revision petition which is directed against order dated 9th February 1979 of a Sub-Judge 1st Class. Delhi, succintly are that way back in 1977 the petitioner, a Hindu Undivided Family, instituted a suit for possession against the respondents on the allegations that the premises in question viz. Flat No. 39, Saran Building, Ram Nagar, Qutab Road, New Delhi, had been let out to Ram Chand Chopra, deceased father of the respondents, at a monthly rent of Rs. 29.69P. The contractual tenancy of Ram Chand Chopra was terminated vide registered A.D. notice dated 12th December 1969 and he was called upon to hand over the vacant possession of the premises to the plaintiff-petitioner on 1st February 1970. However, on the termination of his contractual tenancy Ram Chand Chopra continued to occupy the premises as a statutory tenant. He died on 9th May 1975 leaving behind the respondents as his legal representatives. So, the contention of the petitioner was that respondents I & 2 who were in actual possession of the premises in question were continuing in possession there of unauthorisedly and illegally and as such they were no better than mere trespassers.

(2.) The suit was resisted by the respondents, who inter alid, contended that their father Shri Ram Chand Chop had taken the premises on rent in his capacity as a Karta of the Joint Hindu Family and was not a tenant in his personal capacity as such. So, according to him, the contractual tenancy of the Joint Hindu Family was never terminated and they were in possession of the premises in question as tenants and not as unlawful occupants. Issues were accordingly framed by the trial Court on 7th September 1978 and the case was fixed for evidence of the plaintiff-petitioner on 2nd & 3rd January 1979. On that date the petitioner moved an application under Order XIII Rule 2 read with Section 151, Code of Civil Procedure (hereinafter referred to as 'the Code') for permission to file a letter dated 16th July 1949 purporting to have been written by Ram Chand Chopra-deceased to the then landlord confirming the terms of the tenancy in respect thereof. The request was opposed by the defendants-respondents, inter alia, on the ground that the document sought to be produced was a lease-deed but being neither properly stamped nor registered was inadmissible in evidence. This ground prevailed with the learned Sub-Judge, who, inter alia, observed that "As the document sought to be produced on record is neither stamped nor registered and. its genuineness is not undoubted, I hold there is no sufficient ground to allow the applicant to file this document at this stage." Accordingly, he dismissed the application.

(3.) There is no appearance on behalf of the respondents today. None was present on their behalf even yesterday, when the case was called. I have, therefore, heard the counsel for the petitioner and gone through the entire material on record carefully.