LAWS(P&H)-1985-4-64

VASUDEV Vs. NAND LAL

Decided On April 24, 1985
VASUDEV Appellant
V/S
NAND LAL Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the Rent Controller dated December 12, 1984, whereby the production of the secondary evidence of the mortgage deed and the rent note sought by the landlord has been allowed.

(2.) The learned counsel for the petitioner submitted that unless a finding was returned by the Rent Controller that the original documents were lost, the permission to lead the secondary evidence could not be accorded.

(3.) I find force in the contention raised on behalf of the petitioner. It is quite surprising that no such finding has been given by the Rent Controller before allowing the application of the landlord vide impugned order. Not only that, it has been stated in the impugned order by the Rent Controller :-