PRABHA DIGAMBAR SULAKHE Vs. SHIVLAL JASAJI SOLANKI

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against an order dated 9th August, 1995 made by the VIth Additional District Judge, Solapur, in Civil Appeal No.418 of 1993 disallowing an application dated 5.7.1995 made by the petitioners for production of additional evidence in the appeal.

(2.) THE Petitioners are the original Plaintiffs in the suit in the Court of Civil Judge, Junior Division, Barsi, for eviction of the Respondent who is their tenant in the suit premises. THE only ground on which the tenant was sought to be evicted was the one under section 13(1)(1), namely, that the tenant had constructed or acquired suitable alternative premises. THE Petitioners' suit was tried and dismissed by the IInd Joint Civil Judge, Junior Division, Barsi, on 24-9-1993. Being aggrieved, the Petitioners carried Civil Appeal No.418 of 1993 before the District Court, Solapur. In the appeal the Petitioners sought to produce a photograph alleged to be of the alternative premises which the Respondent tenant had acquired/constructed, which is the foundation for the suit. THE Petitioners also sought to produce a receipt alleged to have been issued by Popular Photo Studio on 1.7.1995 and the negative of the said photograph. THE Petitioners also sought permission to produce the certified copy of the assessment list of House No.353, which, according to them, is the alternative premises constructed/acquired by the Respondent tenant. THE application was rejected by the lower Appellate Court by taking a very narrow and technical view under Order 41, Rule 27 of the Code of Civil Procedure.

(3.) THE impugned order of the lower Appellate Court is hereby quashed and set aside. It is ordered as under : (i) THE Petitioners/Plaintiffs shall be permitted to produce the following three documents : (a) Photograph together with negative alleged to be of the alternative premises constructed by the Respondent tenant seen in the said photograph as "Kishor Kunj". (b) Receipt No.2690 issued to Prabhatai Sulakhe by Popular Photo Studio. (c) Assessment List of House No.353 for the years 1992-93 to 1995-96. (ii) THE documents are allowed to be produced subject to their being proved in accordance with law. THE Respondent Defendant shall be entitled to produce further documents to rebut the documents produced by the Petitioners, if he so desires. (iii) THE lower Appellate court shall consider the documents in accordance with law and decide the appeal as expeditiously as possible.