NARENDRA KUMAR VORA Vs. GURWANT V PATEL

JUDGEMENT

(1.) Aggrieved of order dated 06.04.2017 passed in Title (Eviction) Suit No.10 of 2004 by which the application filed by the defendant for summoning the register from the postal department has been rejected, the defendant has approached this Court.

(2.) Title (Eviction) Suit No.10 of 2004 was instituted for a decree of eviction of the defendant from Schedule-B premises and for recovery of khas possession of the plaintiff over there. Another relief sought by the plaintiff was for recovery of arrears of rent from the defendant. The plaintiff pleaded that he owned and possessed 6' decimal of land comprising a double-storied building over Plot No.6888 under Khata No.405 within Mouza-Chas, PS-Chas, District-Bokaro. The defendant was inducted on month to month tenancy in respect of two shop rooms under the ground floor, that is, Schedule-B property on monthly rent of Rs.1,000/- besides electricity charges. The suit was instituted on the ground of default in payment of rent. The plaintiff has pleaded that the defendant continued to pay rent regularly till 2000, but thereafter the rent for the suit premises was not paid regularly. The defendant contested the suit disputing service of notice through registered post. On 23.09.2004, the plaintiff filed list of documents, however, the envelope alongwith A/D card by which notice was allegedly sent to the defendant did not figure in the list of documents. The defendant filed additional written statement on 05.09.2007 which was accepted by the court. Issues were subsequently recast and the following two issues were settled:

(3.) In the meantime, the application for recall of P.W.3 was filed which was allowed vide order dated 27.07.2012. Mr. V.P. Singh, the learned Senior counsel for the petitioner, however, submits that the plaintiff did not produce P.W.3 for his cross-examination on the date fixed.