DHARAMVIR TULI, ROHTAK Vs. ADARSH MEDICAL HALL

JUDGEMENT

(1.) This petition is directed against the order of the Rent Controller, Rohatk dated 3.6.1987, whereby the application for leading secondary evidence filed by the landlord was dismissed.

(2.) The landlord filed an application for leading secondary evidence for proving the certified copy of the sale deed allegedly executed in his favour on 15.6.1974 as one of the questions involved in the ejectment petition is of the title of the landlord. The said application was dismissed by the learned Rent Controller on the ground that no ground was made out to permit him to lead secondary evidence as he had already stated on oath on 2.9.1982 that the original sale deed is lying in the Bank of Baroda from where he has taken loan.

(3.) The learned counsel for the petitioner submitted that the present application was filed on 21.5.1987 along with an affidavit that the original sale deed was not traceable and the certified copy of the sale deed was brought on record. Not only that, he had also made up stamp deficiency on 18.5.1987. He had also brought his evidence on that day when he moved the application and the witnesses were also present in Court.