MOGHAL SARDAR HUSSAIN BAIG Vs. SYED FARVEEJ BEGUM

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent.

(2.) This Civil Revision Petition arises out of an order in I.A.No.1670 of 2016 in O.S.No.298 of 2016 dated 19.01.2017 passed by the learned Principal Junior Civil Judge, Markapur.

(3.) The petitioner is the plaintiff in the suit, whereas the respondent is the defendant. The suit was filed for permanent injunction restraining the respondent from ejecting the petitioner from the plaint schedule premises until the expiry of term of lease under an agreement dated 04.04.2016. When the petition for grant of temporary injunction was coming up for enquiry, the petitioner tried to mark the said agreement dated 04.04.2016 which was a lease agreement and the respondent objected to the same on the ground that the said lease agreement was inadmissible in evidence as it is an unregistered one. The petitioner stated that though it is an unregistered lease agreement, it can be looked into for collateral purpose for proving possession and nature of possession. But, the respondent objected on the ground that the unregistered lease agreement is inadmissible in evidence even for collateral purpose of proving possession as the factum of lease being the contentious issue. Hence the lease agreement cannot be marked and it cannot be looked into even for collateral purpose as the main suit itself is based on the terms of the lease. The trial Court upheld the objection on the ground that the lease agreement was unregistered. Challenging the said order, the above CRP was filed.