KAHAN CHAND Vs. SIRI CHAND AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's revision petition against the order of the trial Judge refusing him permission to produce certain documents as evidence in the case.

(2.) Siri Chand was the owner of the shop in dispute, which is situate in Mansa Mandi, District Bhatinda. He is alleged to have given it on rent to Chamba Ram. In June, 1971, he filed an application for ejectment against Chamba Ram under section 13 of the East Punjab Urban Rent Restriction Act, 1949, mainly on two grounds - (i) that the tenant was in arrears of rent with effect from 1st July, 1967, to 30th June, 1971, and (ii) that he had sublet the premises to Kahan Chand.

(3.) On 6th/7th July, 1971, an order of eviction was passed against Chamba Ram, because he had admitted that he was in arrears of rent and that he had sublet the shop to Kahan Chand. In August, 1971, Kahan Chand filed the suit for a declaration that the decree obtained by Siri Chand against Chamba Ram on 7th July, 1971, was a nullity and had no affect on him, because in reality it was he, who had got the shop in dispute on rent from Siri Chand in 1967 at a yearly rent of Rs. 700/-. He further averted that it was on 15th August, 1971, that he came to know that Siri Chand had been able to secure a consent decree for eviction against Chamba Ram and on its basis he was going to dispossess the plaintiff from the premises in question.