Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 6693 of 2018 Petitioner :- Smt. Kavita Chowjar Respondent :- Smt. Parmeshwari Devi (Deceased) And 2 Others Counsel for Petitioner :- Sunil Kumar Srivastava Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 16.7.2018 passed by A.D.J. Court No. 4, Saharanpur as well as order dated 11.4.2017 passed by J.S.C.C. Saharanpur in Suit No. 16 of 2015 (Smt. Parmeswari Devi and others vs. Smt. Kavita Chowjar).
By the impugned order dated 11.4.2017 the application paper no. 48-Ga filed by the petitioner for directing the landlord to produce the original rent deed dated 15.5.1997 and 25.1.2012 has been rejected on the ground that the execution of the same has been denied. The revision filed against the same was also dismissed by the impugned order dated 16.7.2018.
Submission of learned counsel for the petitioner is that the findings are absolutely perverse and in the proceedings it has not been claimed that the photocopies of such documents filed by the tenant were a forged document and therefore, the impugned orders are liable to be set aside.
I have considered the submission and have perused the record.
On perusal of record I find that the execution of the possession of the abovenoted documents have been categorically denied in his objection at page 17 of the paper book and therefore, I do not find any legal infirmity in the orders impugned herein, whereby the application for production of original documents has been rejected on the ground that execution of such document has been denied by the respondent. It is also not in dispute that such applications were filed after the plaintiff has given evidence in examination-in-chief. Once the existence of the execution of such documents is denied, I do not find any legal infirmity in the orders impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 11.9.2018 Lalit Shukla