M MOHAN Vs. MAHESHWARI SETH

JUDGEMENT

(1.) This is an application by the respondent under Ss. 33 and 35 of the Stamp Act requesting to determine if the lease deed dt. 15th Jan., 1975 between the petitioner and the respondent (Marked C) was not properly stamped, if so, to grant her opportunity to pay the deficit duty and penalty under S. 35 of the Stamp Act.

(2.) Smt. Maheshwari Seth, respondent filed a petition for eviction of the petitioner under S. 14(1 )(e) of the Delhi Rent Control Act, 1958. She alleged that the petitioner was inducted as a tenant on I5th Jan. 1975 at Rs. 500.00 per month besides electricity and water charges in a portion of her house at Vasant Vihar, New Delhi in terms of a deed of lease dt. 15th Jan., 1975 executed between the parties; the premises were let for residential purposes which were required bona fide for the residence of herself and members of her family dependent upon her; she was the owner thereof, and she had no other reasonably suitable residential accommodation. The petitioner in the written statement pleaded that the premises were let for all purposes i.e. residential-cum- commercial, that no purpose of letting was specified in the lease deed, which was inadmissible in evidence. The respondent pleaded that the lease deed was admissible in evidence.

(3.) The respondent appeared as her own witness (A.W. 1) on 8th Aug., 1984. During her examination the lease deed dt. 15th Jan., 1975 admittedly signed by the petitioner and the respondent was tendered in evidence. The lease deed was marked as 'C'. It was not exhibited. There is no endorsement on the lease deed within the meaning of O. 13, R. 4 of the Civil P.C. admitting the document in evidence. But from the pleadings of the parties and the fact that this document was marked 'C' it is apparent that there was dispute before the Additional Rent Controller about the admissibility of this document in evidence on ground of non-registration and non-payment of proper stamp duty.