REKHA DEVI Vs. BUNIYAD HUSAIN AND ORS.

JUDGEMENT

(1.) Present Civil Revision has been filed by the revisionist against the order dated 01.05.2015 passed by the Judge, Small Causes Court / Additional District Judge, Vikasnagar, Dehradun in S.C.C. Suit No.33 of 2012, titled as Smt. Rekha Devi vs. Buniyad Husain.

(2.) The grounds taken up by the revisionist in the present civil revision are as follows:

(3.) An application (paper no.59C) alongwith an affidavit (paper no.60C) was filed on behalf of the defendant no.1 before the Judge, Small Causes Court. The defendant no.1 filed his written statement on 19.12.2012. He filed certain documents alongwith a list (paper no.61C), which included the photocopy of the agreement dated 26.05.2005, notice received from PWD on 10.09.2005, copy of the notice sent by the plaintiff to the defendant on 11.06.2012, reply of notice dated 27.06.2012, postal receipts thereof, copy of the notice dated 24.09.2009 and the copy of the reply notice dated 23.10.2009. Plaintiff filed objections on the same arguing, inter alia, that there was delay in filing the same; the said documents were already in the knowledge of the defendant; the documents in question are not at all relevant to the decision of the case; they are forged documents and, therefore, the same should not be taken on record. The defendant no.1 argued before the trial court that the suit was instituted by the plaintiff against the defendant no.1 for eviction, whereas he (i.e. defendant no.1) is not the tenant of the suit property. In fact, the owner of the suit property was Smt. Jai Kaur, who executed an agreement in favour of the wife of defendant no.1 on 26.05.2005 and executed a sale deed. According to the defendant no.1, he is the owner in possession of the disputed property. Defendant no.1 wanted these documents to be brought on record and cited the following decisions in support of his contention: