GOPAL Vs. HIRA CHAND

JUDGEMENT

(1.) :- This revision petition has been filed against the order of the learned Munsif, Bhilwara dated 23/05/1992 by which he refused to take on record the certified copies of the application moved by the defendant-petitioner under S. 19A, Rajasthan Premises (Control of Rent and Eviction) Act. 1950 (hereinafter to be called 'the Act'), power (vakalatnama) and order passed thereon. .

(2.) It has been contended by the learned counsel for the defendant-petitioner that the learned trial court acted illegally and with material irregularity in the exercise of its jurisdiction in passing the impugned order. He further contended that the trial court did not consider that the documents were certified copies taken from the public record and they were relevant for the correct decision of the issue No. 3 relating to the arrears of rent outstanding against him.

(3.) In reply, it has been contended by the learned counsel for the plaintiff-non-petitioners that the defendant-petitioner has not averred in his written statement that he had deposited the rent under S. 19A of the Act or paid it to the plaintiffs in any manner. He further contended that his case is that he is not the tenant of the plaintiff-non-petitioners and these documents do not find mention in the list of reliance. He lastly contended that no explanation has been given for the inordinate delay in filing these documents.