SANJAY KUMAR Vs. PREM KUMAR AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition, under Article 227 of the Constitution of India, challenging the order dated 29.03.2016 passed by 4th Civil Judge Class-I, Chhindwara in Civil Suit No. 17-A/2013.

(2.) Brief facts of the case are that the respondents have filed a civil suit for eviction against the petitioner on the ground that the respondents are the owner of the suit shop and father of the petitioner was inducted as a tenant in the suit shop. After the death of petitioner's father, the petitioner continued as tenant thereof. It was further alleged in the plaint that the petitioner paid rent to respondent No. 1. The suit was filed for the bonafide purpose of starting their own business and that the petitioner is not regularly paid the rent. After receiving the summons, the petitioner entered appearance and filed the written statement. In the said written statement, the petitioner denied that there is landlord tenant relationship between the petitioner and respondent No. 2. The petitioner has further stated that respondent No. 1 wants to enhance the rent, therefore, eviction is sought for. After giving the particulars of the payment of rent, it was pleaded that the petitioner is not in arrears of rent. During the pendency of the said trial, respondent No. 1 has filed a tenancy agreement on record. The petitioner has filed an application vide Annexure-P/3 raising an objection with regard to admissibility of the aforesaid tenancy agreement and stated that the agreement to sell is a compulsorily registrable document and it was not also properly stamped, therefore, the same is not admissible in evidence.

(3.) The respondents have filed their reply to the said application and opposes the prayer.