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2019 Supreme(Bom) 1277

DAMA SESHADRI NAIDU
Navinchandra Khimchand Shah – Appellant
Versus
PUTCO Pvt Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Kande, a/w. Rajesh Chainani, I/b M/s S. Pathak & Co.
For the Respondent: Abdul Waheed Champawalla

Judgement Key Points

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JUDGMENT :

Facts: The petitioners are the plaintiffs in Suit No. 560/972 of 2001. They sued two defendants for eviction. The principal allegation is that the first defendant, as the original tenant, sublet the property to the second defendant. Both the defendants filed their defence. Then, the Trial Court framed the issues.

2. After framing of the issues, the plaintiffs completed their evidence. When the second defendant was being examined as D.W. 1, he applied below Exhibit 73 to produce certain documents. It seems that the second defendant came up with that application because he had been confronted with questions in the cross-examination. And those questions relate to certain documents which he did not produce. The Trial Court has, however, rejected that application through its order, dated 13th July 2016.

3. Aggrieved, the second defendant filed Writ Petition No. 9965 of 2016. This Court, through its judgment dated 04th October 2016, refused to interfere. At any rate, of the two reliefs he has sought, this Court has felt that the Trial Court has not adequately dealt with the second question: the production of the rent receipts. So, this Court has remanded the matter to the Trial C

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