GANESH BEHAL Vs. ONKAR NATH BEHAL

JUDGEMENT

(1.) The petitioners have filed this revision petition challenging order dated 22.09.2014 (Annexure P-7) passed by the learned Rent Controller, Amritsar whereby an application under Order 13 Rule 10 CPC filed by the petitioners has been dismissed.

(2.) Brief facts necessary for the adjudication of the case are that the petitioners - landlords filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act No. III of 1949 (for short - 'the Act') seeking ejectment of the respondent from the demised premises. The respondent is pleaded to be a tenant on the demised premises and petitioners, the landlords/owners. It is pleaded that as per agreement dated 18.10.1992, the respondent agreed to pay a sum of Rs. 8000/- per month as rent with further increase of 15% per year. Ejectment of the respondent was sought on the ground of non-payment of arrears of rent and for personal bona fide necessity of the landlords. Evidence was led by the petitioners. The petitioners' evidence was admittedly closed on 02.12.2013. Thereafter, evidence was led by the respondent and closed on 11.03.2014. Application under Section 65 and 66 of the Indian Evidence Act was moved by the petitioners seeking to prove on record an agreement dated 03.02.1967, stated to be executed and signed by all the co-owners including the father of the respondent - Omkar Nath Behl. The original of the document was stated to be with Omkar Nath and a certified copy of the same was obtained from the file of Suit No. 39 decided on 05.04.1975. The petitioners sought to prove this document by way of secondary evidence as well as the site plan prepared on the basis of the agreement and purportedly signed by all the then co-owners. This application under Section 65, 66 of the Indian Evidence Act was dismissed by the learned Rent Controller, on 01.04.2014. A copy of this order is attached as Annexure P4 with this petition. Civil Revision No. 3414 of 2014 filed by the petitioners challenging order dated 01.04.2014 was withdrawn by the petitioners with liberty to move an appropriate application under Order 13 Rule 10 CPC for bringing the document for which secondary evidence was earlier sought to be led, to the notice of the learned trial Court. Copy of order dated 15.05.2014 passed in Civil Revision No. 3414 of 2014 is attached as Annexure P5.

(3.) Thereafter, application under Order 13 Rule 10 CPC as attached as Annexure P-6 was moved by the petitioners. It is mentioned therein that a certified copy of agreement dated 03.02.1967 already stands filed. The said document is stated to be lying in the case file as detailed in para 2 of the application. In para 4 of this application, it is prayed that the said file be ordered to be summoned and the applicant be allowed to prove these documents from the file in which they are lying. The application was dismissed by the learned Rent Controller, vide impugned order dated 22.09.2014 (Annexure P-7). Aggrieved there from, this petition has been filed.