KARTAR SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) MOHINDER Singh filed a suit against Kartar Singh for possession of a shop, situate in Bhadson , Tehsil Nabha. The plaintiff's allegations were that he had given the said shop to the defendant on a monthly rent of Rs. 17/- in 1964 for six months, when the latter executed a rent note in his favour on 23rd October, 1964. Later on, the rent was increased to Rs. 20/-, which the defendant went on paying up to the month of October 1968. The period for which the said shop had been given on rent to the defendant had expired. The plaintiff further alleged that the shop was required by him for his personal needs and it was also averred by him that the arrears of rent were due from the defendant.

(2.) THE suit was contested by the defendant. After the plaintiff had concluded his evidence in the case and the defendant had started producing his evidence, the latter made an application to the Court that he be permitted to produce secondary evidence with regard to the rent-deed, which was executed by him in favour of the plaintiff in the month of October 1965, in which the rent was fixed at Rs. 20/- per month and that deed was not being produced by the plaintiff. According to him, the said rent note had been written in the Bahi of the plaintiff.

(3.) THIS application was resisted by the plaintiff. According to him, no rent-deed was executed in 1965 and the rent had been orally increased from the original rent of Rs. 17/- to Rs. 20/- per month. He stated that the defendant could not be allowed to lead secondary evidence regarding the alleged rent note, because even the alleged original rent note was inadmissible in evidence as it required stamp duty and registration.