NAZIMA BEGUM Vs. BALRAJ KUMAR VADRA

JUDGEMENT

(1.) The tenant has filed this petition for quashing the order dated 11th October, 2011 by which the application filed by her in SCC Suit No. 37 of 2007 for a direction upon the landlord to produce the rent receipts was rejected. The petitioner has also sought the quashing of the order dated 15th November, 2011 by which the Revision filed by the petitioner against the aforesaid order was dismissed. The records of the writ petition indicate that the plaintiff-respondent had filed SCC Suit No. 37 of 2007 for eviction of the petitioner-defendant from the accommodation for the reason that rent had not been paid. In the written statement, the tenant denied that any rent receipts was issued by the landlord. However, subsequently, the tenant filed an application that the landlord should be directed to produce the rent receipts. This application has been rejected by the Judge, Court of Small Causes by the order dated 11th October, 2011 for the reason that if rent receipts were issued, then they would be in possession of the tenant and for the reason that the tenant was making an attempt to delay the disposal of the Suit.

(2.) Learned counsel for the petitioner submitted that the rent receipts are with the landlord and, therefore, the application filed by the tenant should have been allowed.