Whether court can rely on notice given by Advocate if he is not examined in court?
The trial court was of the view that there was no violation of the terms of the lease deed as they had put in sufficient efforts in getting the rent agreement renewed. For arriving at such conclusion, the trial court and the High Court placed reliance upon Ex. A-18 (13.06.1978) a notice allegedly issued by the Plaintiff's advocate Gulzar Mohd. intimating the tenants that they are willing to renew the lease as per the terms of the rent agreement provided the tenants pay enhanced rent @ Rs. 800/- per month. This piece of evidence was categorically denied by the landlord. The trial court did not keep in view the denial of the Appellant-landlord regarding issuance of Ex. A-18 notice (13.06.1978). In the light of denial of issuance of Ex. A-18 notice, it was necessary to adduce evidence to prove that Ex. A-18 notice was actually issued on instructions by the landlord. The burden was upon the Respondents-tenants to prove that the said notice was issued by advocate Gulzar Mohd. on the instructions of the landlord. The trial court pointed out that the Respondents-tenants had taken steps to examine the said advocate; but he had not appeared before the court. From the materials on record, it is not known as to what steps were taken by the tenants to examine the said advocate Gulzar Mohd. The trial court, in our view, could have very well exercised its power Under Order XVI Rule 14 Code of Civil Procedure and summoned the said advocate as witness. In the absence of examination of the said advocate Gulzar Mohd., the trial court ought not to have placed reliance upon Ex. A-18 notice alleged to have been issued on the instructions of the landlord.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 20915 of 2017 (Arising out of SLP (C) No. 27765 of 2010)
Decided On: 06.12.2017
Syed Sughra Zaidi Vs. Laeeq Ahmad (dead) through L.Rs. and Ors.
Hon'ble Judges/Coram:
Kurian Joseph and R. Banumathi, JJ.
Citation: (2018) 2 SCC 21
