KAILASH CHAND Vs. AMARPATI AND ANOTHER

JUDGEMENT

(1.) Defendant Kailash Chand has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 26.07.2012 (Annexure P-3) passed by learned Civil Judge (Junior Division), Narnaul, thereby dismissing application Annexure P-1 moved by the defendant-petitioner for permission to lead photostat copy of rent deed as secondary evidence.

(2.) Respondents/plaintiffs have filed suit against defendant/ petitioner for possession of the demised property by ejectment of defendanttenant. The defendant alleged in his application Annexure P-1 that the original rent deed dated 25.01.1988 was in possession of Budh Ram predecessor of the plaintiffs, but the plaintiffs have not produced the same intentionally. Accordingly, permission to lead secondary evidence thereof has been sought.

(3.) Plaintiffs, in their reply (Annexure P-2), contested the application and controverted the averments made in the application. It was pleaded that no such rent deed dated 25.01.1988 was executed nor it was in custody of Budh Ram or the plaintiffs.