RUPINDER KAUR Vs. SARJIWAN KUMAR AND ORS.

JUDGEMENT

(1.) CM is allowed subject to all just exceptions. Documents annexed with the CM are taken on record.

(2.) From the record, I find that the learned Rent Controller, Khanna vide order dated 23.4.2014 allowed the secondary evidence qua rent note in question. The application has been moved for proving rent note dated 19.10.2000 by way of secondary evidence. This application was moved on the ground that alleged rent note dated 19.10.2000 is forged and fabricated document. In civil suit-bearing No. 293 of 28.9.2001 filed by the petitioner, the alleged rent note was not accepted by the Court. The alleged rent note does not bear signatures of the petitioner and the present application has been filed just to create false evidence. The learned Rent Controller stated that the Court in the earlier judgment dated 30.11.2011 has discarded the alleged rent note and the suit of the petitioner was decreed but the respondents after the dismissal of the appeal have filed RSA before the High Court, which is still pending and that judgment has not become final.

(3.) At the time of arguments before this Court, learned counsel for the petitioner argued that as all the averments of the rent note have been mentioned in the register of Deed Writer, therefore, this Deed Writer's register is to be taken as primary evidence and there is no necessity to prove the photo copy of the rent note by leading secondary evidence.