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VIJAY BISHNOI
Ashwini Verma – Appellant
Versus
Geeta Panwar – Respondent
ORDER
1. This writ petition is filed by the petitioner being aggrieved with the order dated 22.02.2021 passed by the Rent Tribunal, Udaipur (for short 'the trial court') whereby, the application preferred on behalf of the petitioner under Order 11 Rule 12 CPC read with Section 151 CPC with a prayer for directing the respondents to produce certain documents on record as has been dismissed.
2. Brief facts of the case are that the respondents has filed an application before the trial court for eviction of petitioner from the rented premises, which has been rented out through a registered rent deed dated 21.12.2017 for five years. The respondents has filed eviction petition alleging that the petitioner did not abide by the terms and conditions of the rent deed and has violated the same by not paying the rent as per deed, therefore, he may be evicted from the rented premises.
3. The petitioner has not filed any reply to the eviction petition and instead of that has moved an application under Order 11 Rule 12 read with Section 151 CPC with a prayer to direct the respondents to produce certain documents, description of which is given in Para No.2 of the application, for proper adjudication o
The court affirmed that the trial court has the discretion to determine the relevance of documents in eviction proceedings under the CPC.
Production of documents on record – Documents which are not relevant for decision of lis, cannot be summoned on record.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
The main legal point established in the judgment is that the principles of the CPC are not strictly applicable to proceedings under the Rent Act, and the Rent Controller's discretion to order the pro....
The court upheld the rejection of a writ petition challenging the dismissal of an application for additional evidence, emphasizing that such evidence cannot be introduced to fill gaps in a case.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
Written statement set of and counter claim - Provisions of Order 8, Rule 1-A(3) of Code of Civil Procedure are not to condone acts of omissions of defendant nor intent of said provision is to allow d....
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