THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4715 OF 2014 Dated:26-12-2014 Between
Ambalal Parmar
... PETITIONER
AND
Diwin Chandra Prakash
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4715 OF 2014 ORDER:
The respondent filed O.S No. 659 of 2013 in the Court of III Junior Civil Judge, City Civil Court, Hyderabad against the petitioner for eviction from the suit schedule premises. The trial of the suit is in progress. One of the contentions raised by the petitioner is that he kept a deposit of Rs.9,50,000/- with the respondent and the discussion in relation thereto is contained in the CD marked as Ex.B-5. The respondent disputed the assertion of the petitioner. The petitioner filed I.A No. 408 of 2014 under Section 45 of the Evidence Act, with a prayer to send Ex.B-5 for opinion of an expert. The trial Court dismissed the I.A through order dated 26-11-2014. Hence this revision.
Firstly, the plea as to making of deposit is outside the scope of the suit filed for eviction simplicitor. Once the relationship of lessor and lessee between the plaintiff and the defendant is not disputed, the controversy as to payments would assume significance only in the context of ascertainment and recovery of mesne profits. Further, the expert opinion which is proposed to be sought in the instant case is in relation to a CD. The trial Court has assigned cogent reasons as to why the request of the petitioner cannot be accepted.
This Court is not inclined to interfere with the order under revision. The C.R.P is accordingly dismissed.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 26-12-2014 ks