urgnt
charudureja
(Querist) 14 January 2010
This query is : Resolved
if a tenant doesn nt cross in appeal on grounds of nuisance and personal necessity. what will be its effect. does it means that he admits the same.please provide thejudgemnts in favour of landlord the stating that tenant has admitted it by not availing opportunity.
thanks
Raj Kumar Makkad
(Expert) 14 January 2010
It necessrily cannot be concluded that it is an admission on the part of the tenant or the other party if he do not cross-examines the witness on any point. It depends on various factors whether it be treated as an admission or not. Better you post actual facts of your case so that accurate reply may be posted.
N RAMESH.
(Expert) 14 January 2010
I do agree with Mr.Raj Kumar makkad
H. S. Thukral
(Expert) 15 January 2010
Non rebuttal of evidence in cross examination might amount to admission. I suggest reading
111(2004)ACC 71
1961 AIR (Cal) 359
Kumar Thadhani
(Expert) 16 January 2010
I do agree with experts replies.
