LAWS(RAJ)-2023-7-90

ASHOK KUMAR RAWAL Vs. KAPOORCHAND

Decided On July 17, 2023
Ashok Kumar Rawal Appellant
V/S
KAPOORCHAND Respondents

JUDGEMENT

(1.) These writ petitions under Articles 226 and 227 of the Constitution of India have been preferred claiming the following reliefs:

(2.) In sum and substance, the identicalness in the factual matrix of both the instant petitions, is that the respondent-plaintiff instituted a suit for permanent injunction, eviction, recovery of arrears of rent and mesne profits against the petitionerdefendant before the learned Additional Senior Civil Judge, Abuparvat, District Sirohi in the year 2015, stating therein that the respondent rented out one shop to the petitioner in the year 2006; rent agreement was executed between the parties for the period from 1/1/2013 to 30/11/2013; thereafter the petitioner neither vacated the premises, nor paid the rent of the premises in question.

(3.) The marginal variation in the factual matrix of the abovenumbered S.B. Civil Writ Petition No.16045/2022 is that during the evidence stage, the respondent moved an application for bringing certain documents on record, as the same were public documents under Sec. 74 of the Indian Evidence Act, 1872 and the petitioner raised the objection regarding the admissibility of the those documents. The learned Court below on 29/9/2022 rejected the objection of the petitioner and permitted the respondent to mark the documents as exhibits no.9 to 16 and proceeded with the examination.