Admission of documents
KETAN J SHAH
(Querist) 21 June 2013
This query is : Resolved
Dear Sir.
The Landlord has filed an eviction suit in Small Causes Court on a tenant who is a pathologist but NOT an M.D . He is just B.Sc and his brother is M.Sc. The suit is for illegal additions and alterations carried out in rented premises without the permission of landlord or B M C.
The landlord has filed his evidence in the court. However at the time of filing the papers 3 papers have been filed without the signature of the plaintiff/landlord . The tenant/defendants advocate has rejected these papers. The Hon'ble Judge is ready to accept the signed papers along with the fresh affidavit. However the defendants advocate is adament on NOT allowing to either sign the papers which are already filed nor does he want to allow filing of fresh affidavit and signed papers.
AS EVIDENCE THESE PAPERS ARE VERY IMPORTANT FOR LANDLORD
Please advice and give your valuable opinion
ajay sethi
(Expert) 21 June 2013
if court is willing that hese additional documents be filed by suplementary affidavit do so . the objections of defendant would be over ruled
Rajendra K Goyal
(Expert) 21 June 2013
Agreed with the expert Sh. Ajay Sethi Ji. If the court has decided on the papers, appeal can be filed.
prabhakar singh
(Expert) 21 June 2013
It is the court to allow landlord doing so and not the defendant or his advocate whose business is limited to raise objection only.
KETAN J SHAH
(Querist) 22 June 2013
Dear Ajaysir,Rajendrasir,Rajeevsir and Prabhakarsir,
Thankyou for your valuable expert opinion
Any further query I will post it on new thread
KETAN J SHAH
ajay sethi
(Expert) 22 June 2013
thanks for your appreciation
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 June 2013
Courts have to follow the law and advocates only point out.
In rent cases liberal appeals are allowed on any order before final decree so this issue is imp and either party will go in appeal.
More ever internal alterations is not a strong issue for eviction. You have to prove what was earlier lay out and what alterations are made.
Regarding permission of landlord for any such changes if no proper notice is given it will not carry weight.
