S S TOOR Vs. GURLEEN KAUR AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order dated 27.03.2012 by which an application filed by the petitioner as defendant No.1 for leading secondary evidence of a receipt purported to have been executed in his favour by Balbir Singh as defendant No.2 as landlord in regard to the premises in dispute accepting the petitioner as a tenant therein, has been declined.

(2.) In brief, the plaintiff filed a suit for possession of a house bearing No.18-B, Udham Singh Nagar, measuring 380 square yards, also prayed for permanent injunction to restrain the defendants from making additions/alterations and for recovery of 3,60,000 /- as damages and compensation on account of illegal, unauthorized and forcible occupation at the rate of 20,000/- per month as mesne profits.

(3.) The defendant No.1/petitioner in his written statement has alleged at the preliminary objection No.2 that plaintiffs have filed the suit in connivance with defendant No.2, who had let-out the property to him in September, 1994 by way of an oral tenancy and issued a receipt of the rent paid by him on 18.09.1994 but the said receipt was lost on 27.08.1997 and a report thereof was lodged with the police on 30.08.1997. It was, thus, alleged that the possession of defendant No.1 in the demised premises is not illegal but permissive.