ANEETA RAJPOOT Vs. SARASWATI GUPTA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner is challenging that part of the impugned order dated 27.06.2012 by which the defendant's (petitioner's) application under Section 65 of the Indian Evidence Act, 1872 (in short "Evidence Act") has been rejected.

(2.) THE facts necessary for disposal of this petition lie in a narrow compass. Suffice it to say that a suit for eviction on the relationship of landlord and tenant has been filed by plaintiff/respondent against defendant/petitioner. The defendant/petitioner submitted written-statement and also filed counter claim praying a decree of mandatory injunction directing plaintiff to execute a registered sale-deed in her favour; perpetual injunction restraining the plaintiff from interfering with the possession of the defendant and also from transferring, encumbering and creating any third party right; declaration that suit property be charged in respect of consideration money paid by the defendant in advance; and any other reliefs which the court deems fit. According to pleadings of counter claim earlier the parties were having very cordial and sweet relationship as a result of which they entered into an agreement of sale in regard to the disputed house on 28.09.2010 and it was agreed between the parties that said house will be sold for a consideration of Rs.8.70 lac. In advance a sum of Rs.30,000/- was paid and a sum of Rs.1.50 lac has been deposited in the account at State Bank of India Milauniganj, Gopal Bagh Branch Jabalpur of the plaintiff's husband Chhatradhari Gupta. Thus, a total sum of Rs.1.80 lac has already been paid to the plaintiff. A receipt of accepting Rs.1.80 lac has also been issued by the plaintiff in presence of witnesses.

(3.) AN application under Section 65 of the Evidence Act was submitted by the defendant/petitioner in the Trial Court praying that the photocopy of the receipt may be taken on record as secondary evidence. However, this prayer was vigorously opposed by the plaintiff by filing reply completely denying the fact that ever any such receipt was issued and the same was handed-over to her.