TIRATH RAM SALUZA Vs. RAJENDRA KUMAR AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 24.07.2014 in Eviction Suit No. 02 of 2012 whereby, application dated 06.05.2014 for taking copy of notice (UCP) and UCP receipt in evidence has been allowed, the present writ petition has been filed.

(2.) The petitioner is defendant in Eviction Suit No. 02 of 2012. The suit was filed for ejection of the defendant from shop "Hello Brothers Gents Wear" situated in a portion of Plot No. 7557 in Khata No. 951, Mouza-Telaiya, admeasuring 175 Sq. feet. The plaintiffs asserted that the previous landlord constructed four rooms and inducted four tenants, one of them was defendant namely, Tirath Ram Saluza. Separate eviction suits have been filed for eviction of other tenants also. The suit was filed on the ground of default in payment of rent. In the pending suit when one Sanat Kumar Das who was examined as P.W.3 produced a copy of UCP notice and UCP receipt, application dated 06.05.2014 was filed for taking those documents on record. The said application has been allowed. Aggrieved, the petitioner has approached this Court.

(3.) The learned counsel for the petitioner submits that in the plaint, the plaintiffs asserted that the notice was sent through registered post on 23.05.2011 whereas, the witness Sanat Kumar Das produced UCP notice and UCP receipt for which no foundational fact was laid in the plaint. It is submitted that in the plaint neither a statement was made that said documents were not in possession of the plaintiffs nor permission was sought from the Court for producing the said documents at the time of trial still, the Trial Court has admitted those documents in evidence.