- (1.) Heard the parties.
(2.) In this writ petition under Article 227 of the Constitution of India the petitioner, who is defendant-appellant in the Court- below has prayed for quashing the order dated 16-9-2005 passed by learned 5th Additional District Judge, Godda in Title Appeal (Eviction) No. 1/05 whereby he has rejected the petition filed by the petitioner under Order 41, Rule 27(aa)(b) of the Code of Civil Procedure.
(3.) Plaintiff-respondents filed a suit for eviction being Title Suit (Eviction) No. 5/ 2001 and the said eviction suit was decreed. Petitioner then preferred Title Appeal being Title Appeal (Eviction) No. 10/05. Defence taken by the defendant-petitioner in the suit was that he is not a tenant rather he is the owner of the suit premises on the strength of an agreement to sell executed by the original land holder on receiving part of the consideration money. Defendant's further case is that the landlady now deceased also received balance consideration amount and had granted a receipt. Petitioner, therefore, filed application under Order 41, Rule 27(aa)(b) of the Code of Civil Procedure for adducing additional evidence of receipt granted by the landlady, namely, Late Most. Shanti Bajaj on 25-4-1999. The said application was opposed by the respondents by filing rejoinder. Learned Court-below after considering the entire facts of the case held that admittedly no sale-deed was executed in favour of the defendant-petitioner and there is no satisfactory evidence. Court-below further held that the evidence sought to be adduced is not necessary for pronouncement of judgment. Court-below, therefore, rejected the application.;