JUDGMENT - R.M.S. KHADEPARKAR, J.:---Heard Mr. Ketkar, the learned Advocate for petitioner. None appears for the respondents, though served. The point for consideration which arises in the present petition is, whether the Court can rely upon the affidavit of the plaintiff for decreeing the suit without there being sufficient reason for permitting the party to lead evidence in the form of affidavit instead oral evidence ?

2.The facts in brief relevant for decisions are that, the respondent No. 1 filed his suit for eviction of the petitioner from the suit premises on various grounds including the ground of sub-letting as well as need of the premises for personal occupation of the respondent. The plaint in that regard was lodged in the trial Court on 2nd March, 1984 and on service of summons, the parties appeared before the trial Court on 11th February, 1985 on which date the petitioner filed an application seeking time to file written statement. Similar requests were made by the petitioner on 3rd April, 1985 and 18th April, 1985 and on both the occasions time was granted to file the written statement. Again on 26th April, 1985, the petitioner filed an application seeking further time

Click Here to Read the rest of this document