ROSHAN LAL SHARMA Vs. WATTAN SINGH DOGRA

JUDGEMENT

(1.) Challenge herein is to an order dated 6.5.2016 passed by learned Rent Controller, Court No. 4, Hamirpur in an application under Sec. 65 of the Evidence Act registered as CMA( R.P. No. 1 of 2012) No. 125/2016, whereby the permission as sought by the petitioner (hereinafter referred to as the respondent) to prove the lease deed, Annexure P-4 by way of leading secondary evidence has been declined and the application dismissed.

(2.) The complaint is that learned Rent Controller below has failed to exercise the jurisdiction vested in it in a just and objective manner and erroneously dismissed the application irrespective of the respondent herein (petitioner before learned Rent Controller below) having admitted the signature of the lessor late Amar Singh on this document, the permission as sought to prove the same by way of leading secondary evidence is stated to be wrongly declined. The impugned order, Annexure P-1, as such, is stated to be false and oppressive, hence not legally sustainable.

(3.) Mr. Tarun K. Sharma, learned counsel representing the petitioner has vehemently argued that the execution of the lease deed by late Amar Singh stands established from the own admission of the petitioner, who allegedly while in the witness box has admitted the signatures of the executant said Shri Amar Singh thereon. Also that original lease deed is not traceable and even Shri Amar Singh, the executant has also died. Therefore, the original or primary evidence of this document, according to Mr. Sharma, cannot be produced.