CHAMAN LAL Vs. BANARSI DASS

JUDGEMENT

(1.) CHAMAN Lal and others-landlords have filed application under Section 13 of the East Punjab Urban Rent Restriction Act, for ejectment of the respondents who are occupying the shop in dispute as tenants. During the pendency of the proceedings application was moved for getting the ink examined on the disputed receipts produced by the tenants from a Government examiner in order to find out the age of the ink. This prayer was declined by the Rent Controller on the ground that Jugal Kishore had appeared in the Court and was cross-examined by the petitioner; that no request at the time was made and that the case is quite old.

(2.) THE learned for the parties were heard.

(3.) THERE is no dispute with the proposition of law that normally the parties would not be permitted to set up a case wholly inconsistent with that pleaded by them. In the instant case, the dispute between the parties relates to rate of rent. According to the landlords the rate of rent is Rs. 150/- per month, whereas, according to the tenants it is Rs. 6/- per month. The landlords want to lead evidence in order to prove that the receipts concerning payment of rent produced by the tenants are forged. One way to prove this fact can be getting such receipts compared from the Government expert concerning the age of the ink. Thus in the present case it cannot be said that the landlords want to produce evidence which would traverse beyond their pleadings. The argument advanced by the learned counsel for the tenants is hardly tenable in the circumstances of the present case.