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2023 Supreme(HP) 328

SANDEEP SHARMA
Dev Raj Sharma – Appellant
Versus
Banita Mahendru – Respondent


Advocates Appeared:
For the Petitioner: Ms. Seema K. Guleria.
For the Respondent: Mr. Hamender Singh Chandel.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 23.11.2022, passed by the learned Senior Civil Judge-I, Mandi, District Mandi, H.P., whereby an application under Order 8 Rule 1-A CPC, having been filed by the petitioner-tenant for bringing on record the additional documents i.e. site plan of the dispute premises came to be dismissed, petitioner tenant has approached this court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid order and thereafter, grant permission to place on record the site plan.

2. Precisely, the facts of the case as emerge from the record are that respondent landlord filed suit for eviction against the tenant qua premises comprising of shop located in house No 189/1, Jawahar Nagar, Mandi, Mandi Town, District Mandi, H.P., on the ground of arrear of rent and bonafide requirement. He specifically set up a case in the rent petition that two shops on the ground floor were rented by him to the tenant in the year 1978, but he removed the partition of the shops. Landlord also claimed that sum of Rs 8000/- was being taken as rent from both the shops, but since July, 2016,

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