GOPAL KRISHNA MAHESHWARI Vs. SATISH MAHESHWARI

JUDGEMENT

(1.) Heard Counsel for the parties and perused the' record. This is a tenant's petition praying for calling of the record from the Court below and for setting aside the impugned order dated 18.9.2007 passed by III Additional District Judge in S.C.C. No. 4 of 2002 Satish Maheshwari v. Gopal Krishna Maheshwari with costs. A writ of mandamus has also been prayed for implementing the impugned order dated 18.9.2007 passed in the aforesaid S.C.C. suit No. 4 of 2002, which has been marked as paper No. 97-Ga.

(2.) The facts in brief are that petitioner is a tenant of the residential house since 1.1.1984 situated in Maheshwari Chowk, Village Rabupura District Gautam Budha Nagar (herein after referred to as the accommodation in dispute). The SCC Suit No. 4 of 2002 has been filed for eviction of the petitioner/tenant on the ground of arrear of rent. The suit was decided by the (sic) tenant by filing written statement inter alia stating that there is no default in payment of rent and as such the suit is liable to be dismissed. The parties have earlier adduced the evidence which had been closed. Thereafter the plaintiff/respondent filed Misc. Application dated 7.11.2006, marked as paper No. 85-Ga, for expert opinion in respect of rent receipts filed by the applicant, marked as paper No. 44-Ga and its comparison with the signature marked as paper Nos. 62-Ga and 63-Ga. Both were filed by the petitioner/tenant to the application dated 7.11.2006 aforesaid challenging its maintainability on the ground of closer of evidence by the parties.

(3.) It appears from the photocopy of the endorsement made on the application filed as Annexure No. C.A.-2 in the writ petition that an endorsement had been made which reads thus: