SWETAKUMARI Vs. SHIVSHANKAR

JUDGEMENT

(1.) This order shall also govern the disposal of W.P. No.13515/2010 as in both the petitions question involved is one and the same and also in both the suits the respondent is one and the same.

(2.) In W.P. No.7670/2011 the order under challenge is dated 14/09/2011 passed by V Civil Judge, Class-II, Ratlam in civil suit No.61-A/2009 whereby the objection raised by the petitioner regarding admissibility of the document in evidence was rejected while in W.P. No.13515/2010 the order underchallenge is dated 17/09/2010 passed by IV Civil Judge, Class-II, Ratlam in civil suit No.86-A/2009 whereby objection regarding admissibility of the document was rejected.

(3.) Short facts of the case are that Shivshanker respondent filed a suit for eviction in W.P. No.7670/2011 under Section 12 (1) (a) of the M.P. Accommodation Control Act on 17/01/2002 alleging that petitioner is the tenant in the suit accommodation vide rent note dated 28/02/1995 @ Rs.500/- per month and also deposited a sum of Rs.50,000/- as deposit. It was alleged that since the rent is not being paid and petitioner is in arrears of rent, therefore, a decree of eviction be passed. Shivshanker also filed a suit for eviction against the petitioner in W.P. No.13515/2010 alleging that petitioner is tenant in the suit shop on rent vide rent note dated 14/02/1991 @ Rs.600/- per month. It was alleged that rent note was executed on 17/06/1994 and thereafter on 27/09/1997 and rent was enhanced from time to time. It was alleged that since arrears has not paid inspite of demand, therefore, decree of eviction be passed. Both the suits were contested by the petitioner on various ground. At the stage of evidence objection was raised by the petitioner about the admissibility of the rent note in evidence as the document was not registered and also not properly stamped. The objections were rejected by the learned Court below, hence these petitions.