DHARAM PAUL Vs. REKHA SHARMA

JUDGEMENT

(1.) The challenge in this revision petition is to the order passed by the Ld. Civil Judge (Junior Division), Malerkotla on 16.02.2018 vide which an unregistered Rent Note was permitted to be taken into evidence without deciding the objection to its admissibility as raised on behalf of the present petitioner-tenant.

(2.) The Ld. Court below in its impugned order has observed inter alia:-

(3.) It has been argued on behalf of the petitioner that the Ld. Rent Controller was obliged to decide on the question of admissibility on the disputed document at the earliest stage itself without proceeding further in the case. Reliance in this regard has been placed upon the earlier judgment of this Court in "Girdhari Lal vs. Ritesh Mahajan", 2005 (2) R.C.R. (Rent) 426, which was subsequently also followed in "Raj Kumar vs. Bawa Jai Gopal Singh", 2006 (1) R.C.R. (Rent) 222. 3. A Division Bench of the Karnataka High Court in "Umakanto Rao vs. Lalitabai", 1988 (2) HLR 376, had also observed that objections on the admissibility of a document ought to be decided before admitting the same in evidence and proceeding further with trial, by the Ld. Trial Court.