Would the Court give us time in this case ??
Querist :
Anonymous
(Querist) 03 October 2010
This query is : Resolved
I have filed a suit for possession in Delhi on bonafide need under 14 D,Delhi Rent Act.
On next date argumentation would be heard by the court.I have given reply to each and every logic given by the opponent and also reasoned out documents produced by him against my claim in my rejoinder.
But Suppose the opponent brings some new documents to prove my claim wrong,on next date,which is scheduled for Argumentation,two question are arising in my mind:---
1) Would those new documents presented by the opponent be considered by the court ?
2) If yes, would I be given time to collect the documentary evidence in reasoning out the fresh documents produced by the opponent ?
SOS.....
adv. rajeev ( rajoo )
(Expert) 03 October 2010
court can accept those documents, but to file the fresh documents opponent will have to file an application for production of the documents and he will have recall himself to lead the evidence to get marked those produced documents.
When he files an application you will get adjournment to file your objections to that application. You have to convince the court that at this stage and to fill the lacuna documents are produced and you can pray to dismiss the application.
adv. rajeev ( rajoo )
(Expert) 03 October 2010
court can accept those documents, but to file the fresh documents opponent will have to file an application for production of the documents and he will have recall himself to lead the evidence to get marked those produced documents.
When he files an application you will get adjournment to file your objections to that application. You have to convince the court that at this stage and to fill the lacuna documents are produced and you can pray to dismiss the application.
Kiran Kumar
(Expert) 03 October 2010
I agree with Rajeev, the tenant may bring the documents on record but for that he will have to make an application for additional evidence.
but its not as simple, it will be a proper process and the opposite party will have to justify why these documents were not produced as evidence earlier.
you will be given full opportunity to rebut.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 October 2010
Landlords remain under the impression that they have rebutted all the claims of the tenant. In most of the cases it is not so.
Unless the landlord can prove his need for the premises is more urgent /superior to the tenant it is not possible to get possession.
Querist :
Anonymous
(Querist) 03 October 2010
Mr.shashi ,here it was not the question that whose need is more urgent superior/urgent out of both tenant or landlord.
Here I have already made it clear that all the claims of the tenant were already duly refuted in the rejoinder but yet there might be some chances of bringing forth some forged/or irrelevant/or invalid documents by the tenants in the court,in that case what would be our chances,that was the only query.
And in most of the cases,these days tenants are losing against landlords and I hope soon the rent acts would be abolished also,matter of time only.
