SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Narbada Devi Gupta – Appellant
Versus
Birendra Kumar Jaiswal – Respondent
Based on the provided legal document, the key points are as follows:
The case involves a dispute over the admissibility and evidentiary value of rent receipts used to establish tenancy. The defendant claimed tenancy based on rent receipts that bore signatures of the landlady and the plaintiff, which were marked as exhibits in court (!) (!) .
The plaintiff's pleadings indicated that blank stamp papers with signatures were given to the defendant to represent the landlady in pending litigations, raising questions about how signatures appeared on the rent receipts (!) (!) .
The defendant denied that the rent receipts were forged or obtained through fraud, asserting that they were genuine and that rent was paid regularly, with signatures of the plaintiff endorsing the receipts (!) (!) .
The trial court initially questioned the authenticity of the rent receipts, suggesting they may have been fabricated using access to rent bills and that the signatures might have been manipulated. The court found that the defendant had access to the rent bills and failed to prove the genuineness of the receipts formally (!) (!) .
The High Court re-evaluated the evidence and concluded that the rent receipts, which had been admitted and marked as exhibits, could be considered as properly proved documents. The Court emphasized that once signatures are admitted and documents are marked as exhibits without objection, the contents are automatically deemed proved, unless challenged on specific grounds (!) (!) .
The appellate court highlighted that the burden did not shift to the defendant to further prove the writings on the rent receipts once they were admitted and signatures were recognized, especially in the absence of any plea alleging forgery or fraud in the pleadings (!) .
The court noted that the plaintiff did not amend the pleadings to explain the signatures on the rent receipts or to plead fraud, which limited the scope of evidence and argument regarding the authenticity of the documents (!) (!) .
Ultimately, the appellate court dismissed the appeal, affirming that the evidence as admitted was sufficient to uphold the defendant's claim of tenancy based on the rent receipts, and that the High Court's re-appreciation of the evidence was justified (!) (!) .
In summary, the case underscores the importance of proper pleadings, the significance of admitting and marking documents as exhibits, and the principles governing the proof of documents and signatures under the Evidence Act.
JUDGMENT
Dharmadhikari J.-The suit for recovery of possession of the suit premises on the allegation of taking wrongful and forcible possession by the contesting respondent was decreed by the city civil court, Calcutta by its judgment dated 29.6.1984. The Division Bench of the High Court of Calcutta by judgment dated 12.01.1996, has set aside the judgment of the city civil court and allowed the appeal of the respondent. The petitioner, being plaintiff in the trial court, has, therefore, approached this Court in the present appeal.
2. The suit premises belong to the deceased Gokul Chand. On his death, it was inherited by his wife Ram Moni Devi. She also died and the original plaintiff-Gangadhar Halder (who is proforma non-contesting respondent no. 2 in this appeal), claims to be her successor-in-interest as the adopted son. The present appellant is transferee of the suit property from the original plaintiff-Gangadhar Halder.
3. The contesting respondent resisted the suit claiming to be in possession of the suit premises as tenant. Apart from leading oral evidence to prove tenancy, he produced rent receipts marked as Exs. A, A-1 & A-2 Agreement of tenancy dated 12.12.1970 marked as Ex-C
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