J.V.GUPTA,J - (1.) THIS petition is directed against the order of the Rent Controller dated 2nd June 1988, whereby he disallowed a copy of the rent note to be produced by the tenant on the ground that the same was produced late. According to the tenant-petitioner, the landlord appeared on 13th January 1988 and admitted that there was a rent note dated 23rd June 1977. The tenant made an application directing the landlord to produce the same. In reply thereto, it was stated that the said rent note has been lost meanwhile. However, the tenant produced the carbon copy of the rent note. While appearing in the witness box, the respondent wanted the Court to exhibit the copy of the rent note, but the learned Rent Controller declined the same, observing "the copy produced by the respondent cannot be allowed to be produced, as the same has been produced very late."
(2.) THE learned counsel for the tenant submitted that this was no ground to disallow the copy to be produced on the record. At the most he could be burdened with costs. Moreover, the landlord himself admitted that the rent note was there but when he failed produce to the same, the tenant produced a carbon copy thereof earlier, which he should have been allowed to produce in evidence. On the other hand, the counsel for the respondent-landlord submitted that since it was a copy of the original rent note, the same could not be allowed to be produced on the record unless necessary permission for leading secondary evidence was sought. After hearing the counsel for the parties, I am of the considered view that the approach of the learned Rent Controller in this behalf was wrong and illegal. Late production of the copy of the rent note was no ground to disallow the same to be produced. At the most the tenant could be burdened with costs. Consequently, the tenant is allowed to produce the copy of the rent note on the record on payment of Rs. 100/- as costs.
(3.) SINCE no other objection was taken by the landlord before the Rent Controller, the same could not be allowed to be taken here for the first time. It will be for the Rent Controller to consider, if any such objection is available to the landlord in accordance with law. The petition stands disposed of accordingly. Petition disposed of.;