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SANDEEP SHARMA
Dev Raj Sharma – Appellant
Versus
Banita Mahendru – Respondent
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,
Sub-rule(3) of Rule 1A of Order 8 of CPC, provides a second opportunity to defendant to produce documents in Court along with written statement, with leave of court.
Eviction proceedings must consider the bona fide need of the landlord, with any subsequent events being relevant only if they significantly overshadow the original claim.
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.
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....
Proceeding in Rent Act is of summary nature, wherein jural relationship of landlord and tenant is to be taken note.
The court established that a defendant must produce relevant documents at the time of the written statement and provide valid reasons for any subsequent applications to introduce documents; failure t....
The main legal point established in the judgment is the landlord's entitlement to recover possession based on the admitted landlord-tenant relationship and the landlord's plea on bona-fide requiremen....
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