HARISH CHANDRA VISHWAKARMA Vs. SHARDUL VIKRAM GUPTA

JUDGEMENT

(1.) Heard Sri C.K. Parekh, learned senior advocate assisted by Sri Arpit Agarwal, learned counsel for the defendant-tenant/ revisionist and Sri Ashish Kumar Srivastava, learned counsel for the plaintiff-landlord/ respondent.

(2.) The plaintiff-landlord/ respondent filed S.C.C. Suit No.39 of 2011 for eviction of the defendant-tenant/ revisionist from the disputed accommodation and also demanded arrears of rent and damages etc. The plaintiff-landlord/ respondent filed in evidence the lease deed dated 21.10.1995 which is for a period of five years but it is unregistered. Therefore, the defendant-tenant/ revisionist filed an Application 107ga stating that the lease deed (paper No.38ka) is not admissible in evidence, and, therefore, it cannot be considered under law. The prayer made by the defendant-tenant/ revisionist in the aforesaid Application 107ga as pointed out by learned counsel for the defendant-tenant/ revisionist, is reproduced below:

(3.) The aforesaid Application 107ga was rejected by the impugned order dated 09.02.2015 passed by the Additional District Judge, Court No.11, Varanasi observing that it is premature and it has been filed for delaying the conclusion of the case. It was also observed that all the points as may be raised by the parties, shall be considered during trial. Aggrieved with the said order dated 09.02.2015 in S.C.C. Suit No.39 of 2011 passed by the court of Additional District Judge, court No.11, Varanasi rejecting the Application 107ga, the defendant-tenant/ revisionist has filed the present revision under Section 25 of the Provincial Small Cause Courts Act, 1887.