LAWS(HPH)-2017-3-171

MAHBOOB HUSSAN Vs. VIDYA SHARMA AND ANOTHER

Decided On March 14, 2017
Mahboob Hussan Appellant
V/S
Vidya Sharma And Another Respondents

JUDGEMENT

(1.) This revision petition under Section 115 read with Section 151 of the Code of Civil Procedure is directed against the order passed by the trial Court on 22.5.2014 whereby the application filed by the respondents/defendants for leading secondary evidence has been allowed.

(2.) The petitioner/plaintiff filed a suit for recovery of possession under Section 6 of the Specific Relief Act on the ground that he had been forcibly dispossessed on 12.3.2011.

(3.) The suit was contested by the respondents/defendants by filing written statement wherein their main plea raised therein was that the petitioner/plaintiff himself had voluntarily surrendered the possession of the shop on 10.3.2011 and to that extent even a writing had been executed, the original whereof had been handed over to the petitioner/plaintiff.