GIRDHARI LAL Vs. RITESH MAHAJAN

JUDGEMENT

(1.) RESPONDENT -landlord, Ritesh Mahajan filed an eviction application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 inter alia, on the grounds of non-payment of arrears of rent, bona fide requirement of the premises in dispute, sub-letting and making alterations etc. The petitioner herein contested the application denying the averments made therein and also denying the relationship of landlord and tenant between the parties.

(2.) RESPONDENT No. 1 while appearing as his own witness as AW-4 tendered his evidence by way of an affidavit appending therewith photostat copies of certain documents Exhibits AW-4/1 to AW-4/7, which according to the petitioner-tenant were not admissible in evidence. The petitioner, therefore, filed an application for de-exhibiting the said documents on the ground that the same could not be exhibited under the law.

(3.) COUNSEL for the petitioner submitted that photocopies of the documents which had been tendered by the respondent-landlord in his evidence could not have been legally exhibited and the decision on the application moved by the petitioner could not have been deferred to the stage of final arguments. The counsel in support of his submission relied on a decision of Delhi High Court in Smt. Shail Kumari v. Smt. Saraswati Devi, 2002(3) Civil Court Cases 84 (Delhi) another decision of Rajasthan High Court in LRs of Late Shri Chittar Mal v. Addl. Civil Judge (SD) and others, 2005(2) RCR(Civil) 16 and the decision of the Apex Court in R.V.E. Venkatachala Gounder v. Armulmigu Viswesarasswami and V.P. Temple and others, 2003(4) RCR(Civil) 704.