JUDGMENT :

A. Muhamed Mustaque, J.

In a rent control petition for eviction, during trial, an attempt was made by the tenant to cross examine the landlord with reference to the photocopies of the rent agreement and to mark the same. The landlord raised an objection but that has been overruled by a speaking order. This order is in question by way of a petition under Article 227 of the Constitution. There are two issues involved in this case, namely, (i) marking of the photocopy and, (ii) insufficiency of stamp duty borne on the instrument.

2. The dispute as above has arisen in the context of the landlord complaining that the tenant is in occupation of 11 rooms belonging to the landlord. The tenant contended that he is occupying only 7 rooms, as a tenant. The landlord claims that the rental arrangement was an oral lease. The tenant claims that the rental agreement was based on a written lease deed and the original of written deed is with the landlord. The landlord denied existence of the original lease deed.

3. The photocopy is in the nature of a secondary evidence. Section 65 of the Indian Evidence Act states the cases in which secondary evidence relating to documents may be given. The o