Law of evidence

Udit (Querist) 15 January 2017 This query is : Resolved
Sir,
In a case of rent enhancement of a cimmercial land in which rent is determined on the basis of prevailing market value of land, the petitioner mentioned in its plaint that the current market value of the land is Rs. 1000/- per sq. Foot and the respondent admitted the fact in his written statement by mentioning that the rate used by the petitioner is the commercial rate of the land and since it is not a sale transaction hence the rent should not be determined on this rate and rent should be determined in accordance with the list of rents applicable to that particular land in the circle rate list issued by the district magistrate.
While evidence submitted by the petitioner he submitted valuation report of a government approved valued which was of Rs. 900/- per sq. Foot and the respondent did not submit any evidence regarding valuation of the land. The valuer was not examined on oath and neither any affidavit was submitted on behalf of the valuer. Court enhanced the rent and fixed it in accordance with the valuation report of the government approved valuer @Rs. 900/- per sq. Foot.
Respondent appealed in the high court taking a ground that the valuer was not examined and cross examined in the court and no affidavit was submitted on his behalf hence the rent determined by the lower court is erroneous.
My question is that:
1. That u/s 58 of the evidence act facts admitted in written statement need not to be proved. So was it necessary to prove this admitted fact?
2.that when a fact is admitted by both the parties like valuation of the land, it no longer remains a fact in issue in such a case was the court not able to determine rent in accordance with this admitted fact.
3. Admitted fact was of Rs. 1000/- per sq. Foot and the court was having the evidence of Rs.900/- per sq. Foot then the court in its discretion has determined the rent in accordance with the least available value of the land which was in favour of the respondent while the court was empowered to determine it @1000/-per sq. Foot. Can this point be taken against the respondent plea of not examining the valuer
4. Can sec. 58 of the evidence act be read with the definition of Proved mentioned in sec.3 of the evidence act.
Regards..

Udit

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prabhakar singh (Expert) 15 January 2017
A remand is expected by High court.

Udit (Querist) 15 January 2017
The case was already remanded by the high court with the direction to proceed and decide afresh after giving sufficient opportunity to both the parties to place their evidence regarding the valuation of the land in question.

Udit (Querist) 15 January 2017
And in case of remand will the admission of the fact not be taken as estoppel for the respondent.

Udit (Querist) 15 January 2017
And in case of remand will the admission of the fact not be taken as estoppel for the respondent?

Guest (Expert) 15 January 2017
Welcome and All the Best Senior Advocate/Senior Expert Mr.Prabhakar Singh Ji.Wishing You A Blissful New Year.

Kumar Doab (Expert) 15 January 2017
Respected Senior Expert Mr. Prabhakar Singh,

Sir,

Heartiest Greetings.

Pleasure to see you, back.

Wishing You a very happy and Blissful New Year.

Rajendra K Goyal (Expert) 15 January 2017
Welcome to senior expert prabhakar singh ji in the new year, hope your presence would continue and would guide us.