SHRI MADAN LAL Vs. SMT. TARLOCHAN KAUR

JUDGEMENT

(1.) Smt. Tarlochan Kaur respondent filed an ejectment petition against Madan Lal petitioner from shop forming part of property No. 276/C/7 situated at Melerkotla Road, Khanna, on the grounds of non-payment of rent at the rate of Rs. 200/- per month with effect from June, 1975 and subletting. In the written statement filed by the petitioner one of the pleas raised was that the land under the shop had been taken by M/s Jaspal Singh Inder Pal Singh respondent and it had been mutually agreed that the latter would construct the shop from its own funds and the amounts spent on construction will be adjusted in due course against the monthly rent of Rs. 50/-. M/s Jaspal Singh Inder Pal Singh spent Rs. 6000/- on construction of the shop, which amount still remains to be fully adjusted against the amount of rent. Madan Lal petitioner denied that he had taken the shop on rent from Smt. Tarlochan Kaur respondent.

(2.) The petitioner while leading evidence wanted to produce a receipt for Rs. 6,000/- allegedly paid to Kashmir Singh Contractor for the construction of the shop in dispute. The learned Rent Controller vide order dated 7th December, 1981 disallowed the same on the ground that it had not been relied upon nor was it produced before 18th November, 1981, in spite of the fact that the ejectment petition was pending since October, 1979. The learned Rent Controller also cast some doubt regarding the genuineness of the receipt. It is against this order dated 7th December, 1981 that the present revision is directed.

(3.) The learned counsel for the petitioner had argued that the petitioner had raised the plea regarding the construction of the shop by M/s Jaspal Singh Inder Pal Singh in the written statement. The production of the receipt for Rs. 6,000/- on 18th November, 1981, therefore, did not take the respondent by surprise. The petitioner was of course negligent in not producing the receipt before 18th November, 1981. He should be allowed to produce the receipt in evidence on payment of costs.