NARBADA PRASAD AGRAWAL Vs. TARUN BHAWSAR

JUDGEMENT

(1.) THE order passed in this writ petition shall govern the disposal of Writ Petitions No. 5047/2008, 5048/2008 and 3714/2008. As the issue involved in these writ petitions are similar and for the sake of record the facts of w. P. No. 5051/2008 are taken into consideration.

(2.) THE challenge put forth by the petitioner in this petition under Article 227 of the Constitution of India is to order dated 7. 5. 2007, 31. 1. 2008 and 24. 3. 2008 respectively. By order dated 7. 5. 2007 an application under Section 35 Stamp Act, 1899 filed by the respondent/plaintiff was allowed. Where as the application under section 33 of the Act of 1899 has been rejected. And by order dated 24. 3. 2008 the right of petitioner/defendant to lead evidence has been closed.

(3.) THE facts noted from the petition briefly are that the respondent/plaintiff instituted a civil suit for eviction of the petitioner/defendant on the ground that the petitioner, a tenant, has defaulted in payment in rent. The petitioner challenging the ownership opposed the relief on the ground that he is in possession of suit property not as a tenant but by virtue of an agreement of sale executed in favour of the petitioner by the erstwhile owners. The petitioner sought to prove the agreement dated 24. 12. 1993. An objection was raised by the respondent by filing an application under Section 35 of the Act of 1899. Whereof an application under Section 33 of the Act of 1899 was filed by the petitioner seeking rectification of the defect.