CHUNNI LAL SONY Vs. SARWAN KUMAR

JUDGEMENT

(1.) This revision petition is filed under Article 227 of the Constitution of India seeking to challenge the order dated 8th of July, 2019, whereby application for secondary evidence as filed by the respondent stands allowed.

(2.) In brief, the facts are that the respondent-landlord filed an eviction petition dated 04.08.2015, primarily on the ground of non-payment of rent. Earlier too, a similar petition had been filed by the respondent-landlord seeking an eviction on the ground of personal necessity which is still pending consideration. During the pendency of eviction petition filed on the ground of non-payment of rent, the landlord filed an application seeking permission to adduce secondary evidence and prove the rent-note in which there is an agreement that house tax would be paid by the petitioner. The application for secondary evidence was contested on the ground that the petitioner had already paid the arrears of rent as claimed and that the respondent could not be permitted to produce the rent-note as he had not relied upon the same either in his eviction petition or the petition filed seeking ejectment on the ground of personal necessity. It was also contended that the rent-note sought to be adduced is a photocopy of an attested copy and the same appears to have been recently prepared. The Rent Controller by the impugned order allowed the application and permitted the respondent to adduce secondary evidence giving an opportunity to the respondent to challenge the same.

(3.) Aggrieved by the impugned order dated 08.07.2019, the instant revision petition has been filed.