RAVINDER SINGH Vs. INDERMOHAN SINGH

JUDGEMENT

(1.) Landlord-Ravinder Singh @ Jassi has preferred this civil revision to challenge the order dtd. 10/5/2022 (Annexure P-1) passed by Civil Judge (Jr. Divn.), Khanna, in civil suit No.252/2020, whereby the application filed by respondent (Tenant) seeking permission to adduce secondary evidence relating to the rent note dtd. 18/4/1995 was accepted.

(2.) The facts in brief leading to the petition are that plaintiff (respondent) filed a suit for possession against the defendant (petitioner) in respect of a shop detailed in para 1 of the plaint (Annexure P-2) by invoking Sec. 6 Specific Relief Act, 1963 and pleaded that on 18/4/1995, Sawinder Singh father of the plaintiff took the shop on rent from Sohan Singh, father of the defendant at a monthly rent of Rs.800.00 and a rent note was also executed between them with a clause of yearly enhancement @ Rs.20.00 p.m. Ever since, the commencement of tenancy, rent was being paid regularly to the landlord and after demise of the original parties to the rent deed, the tenancy continued, as the rent tendered by the plaintiff was regularly accepted by defendant and present rate of rent is Rs.1280.00 p.m.

(3.) The shop was being used for sale/purchase of footwears and the plaintiff had also been paying the electricity charges regularly and the said connection is in the name of grand-father of the defendant. In the year 2018, the respondent/plaintiff constructed another shop and shifted his business there, but kept on using the shop in question as godown by stocking the footwears. As per pleadings, on 6/7/2020, the defendant in connivance with un-identified persons broke the locks of shop and had stolen the material lying therein and upon receiving the said information from Chowkidar Jagar Singh, a case FIR No.0097 dtd. 7/7/2020, under Ss. 380, 457, 447 and 120-B IPC at Police Station City-2, Khanna was lodged by plaintiff against defendant. Through the suit, the plaintiff has prayed for restoring the possession back to the tenant and in support of his plaint, the copy of rent deed, electricity bills and receipts etc were attached.