APSARA SHOE HOUSE THROUGH ITS PROPRIETOR KHURSID AHMAD JOHAR Vs. M M BHADANI & BROTHERS
LAWS(JHAR)-2018-8-33
HIGH COURT OF JHARKHAND
Decided on August 09,2018

Apsara Shoe House Through Its Proprietor Khursid Ahmad Johar Appellant
VERSUS
M M Bhadani And Brothers Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) The petitioner who is defendant in Eviction Suit No. 02 of 2010 is aggrieved of order dated 26.03.2012 by which the trial Judge has permitted the plaintiffs to produce rent receipts issued to Apsara Shoe House from January 1995 to March, 2003 and some counter-foils.
(2.) Stand taken by the defendant is that at a belated stage permission to produce a document which has not been referred to in the plaint cannot be granted.
(3.) Eviction Suit No. 02 of 2010 was instituted by M.M. Bhadani and Brothers and two of its partners namely, Pankaj Kumar Bhadani and K. N. Bhadani for ejection of the defendant from the suit schedule property on the ground of personal necessity and default in payment of rent and for a decree for realization of arrears of rent from December 2009 to May 2010. In the written statement the defendant disputed that the plaintiffs are owner of the suit premises and, that it is tenant under other co-owners of the suit property. During pendency of the eviction suit an application was filed by the plaintiffs on 02.03.2012 for producing the holding receipts, notices and counter-foils.;


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