NARAIN SINGH Vs. RAMCHARAN

JUDGEMENT

(1.) THIS revision has been directed against the order of learned Additional District Judge, Gangapurcity dated 22. 12. 1999 by which he maintained the order of learned Civil Judge (Jr. Division), Gangapurcity dated 7. 5. 1999.

(2.) I have heard learned counsel for both the parties and have perused the material on record. First of all, application under Order 41 Rule 27 C. P. C. is to be decided which was presented on 28. 7. 2000 by the petitioner. The petitioner wants to bring certain documents on record. It has not been opposed by the learned counsel for the opposite parties. Since the suit is pending and the documents could have been submitted before the trial court, therefore, the documents could be submitted here even without such an application. They relate to the period prior to the execution of mortgage deed. This court in a catena of judgments held that such documents can be submitted without application under Order 41 Rule 27 C. P. C. There is no need to pass a formal order. The documents are taken on record.

(3.) IN this case the primary question was whether there existed relationship of a landlord and tenant between the parties. The document relied by the plaintiff was the same mortgage deed which mentions that even after redemption shop will remain in possession of the plaintiff and the rent of Rs. 500/- will be paid apart from the electricity charges. The trial court held that this was a clog on redemption and hence illegal and that no tenancy was created. This was rightly confirmed by the appellate Court. The case of the plaintiff was clearly stated even in the counter reply that suit was vague and that there existed no relationship of landlord and tenant and no rent receipt was given. It was further mentioned that another deed was executed on 18. 12. 1998 in the hand of Harish Vijayvargiya which was signed by respondent No. 1 Ramcharan and on 16. 1. 1999 the total amount was paid. It was promised that possession would be handed over within 20 days but the same was not given.