KAMLA KANT DWIVEDI Vs. SURENDRA KUMAR BHATIA

JUDGEMENT

(1.) This appeal was heard and dismissed on 13.12.2012 whereafter the Application No. 19191 of 2013 was filed on 22nd of January, 2013 pointing out that the order which was to be pasted on the order-sheet has been pasted on the memo of the appeal whereas the reasoned order appears to have not been uploaded.

(2.) The defendant filed a written statement as also a counter claim contending that when the suit was being filed the plaintiff forcibly entered into the premises and in his statement the defendant indicated that Anil Kumar Mishra who is the plaintiffs real nephew, and had appeared in the suit as the Power of Attorney Holder, had occupied the premises as trespasser. The defendant denied any contract of tenancy and also denied his alleged signatures or thumb impressions either on the rent note or the alleged rent receipts relied by the plaintiff.

(3.) The Trial Court came to the conclusion that the plaintiff did not enter the witness box to prove the rent note and that the expert report also negatived the claim of the plaintiff. Thus the document of the contract of tenancy was disbelieved.