DESH MUKH BAKSHI Vs. TARA SINGH

JUDGEMENT

(1.) The revision petition seeks to challenge the order passed by the Rent Controller, Jullundur, in an ejectment application filed by Tara Singh respondent-landlord against Desh Mukh Bakshi petitioner-tenant. An application was moved before the Rent Controller by the petitioner-tenant that he may be allowed to produce secondary evidence of certain receipts indicating that rent for the premises had been paid to some other person who is alleged to be the real landlord. The Rent Controller after examining the matter, declined the prayer for producing secondary evidence by way of additional evidence.

(2.) The sole contention on behalf of the petitioner is that the original Receipts evidencing the payment of rent by the petitioner to another person (not the respondent) had been lost and hence secondary evidence in respect of these Receipts ought to have been allowed. The learned Rent Controller has rightly appreciated that the petitioner has been prevaricating at various stages in regard to the existence of the original Receipts. At one stage, his contention was that these Receipts were lost on April 28, 1980, but he subsequently changed this date to April 29, 1980. Furthermore, while making a report to the Police in regard to the loss of the Receipts, it was averred by the petitioner that he had lost the Receipts while he was coming to the Courts. As against this, the petitioner filed another affidavit in Court in which he asserted that the original Receipts had been handed over to his previous counsel who had since withdrawn from the proceedings and had gone away to Delhi. The two stands taken by the petitioner in respect of the loss of the Receipts cannot be reconciled. The Rent Controller was, therefore, quite justified in refusing the prayer for secondary evidence in view of the fact that the loss of the original Receipts had not been proved to the satisfaction of the Court. There is no reason to differ with this finding of the Rent Controller.

(3.) The revision petition. is dismissed, but with no order as to costs.