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Lilly rose (n/a)     09 April 2010

Beeline of Witnesses in an eviction case

In a case of landlord filing a case against a tenant for eviction under Ownership occupation, tenant is bringing some third party witnesses one after the other raising question of ownership of his tenanted premises - But in fact, the tenant has already admitted in his evidence that the petitioner is his landlord - Can the Rent Controller allow any number of witnesses or restrict the number of witnesses according to the need or relevancy of the pleadings? But the Rent Controller refuses to restrict the witnesses. What should I do?



 3 Replies

cyberlawyer (barrister)     09 April 2010

May i know under what provision or sec. under the Rent control act, the petition was filed by the landlord ?. Is it for denial of title ?. So you mean during his evidence he deposed that the landlord is the owner and during the 3rd party witness evidence he deposes that the tenant is the owner ??

Suryanarayana Tangirala (Advocate)     09 April 2010

  • Though there is Provision for filing list of witnesses under Order 16 Of C.P.C it is not mandatory u cannot  curtail the opposite party from adducing evidence and further evidence,only thing is the said evidences/depositions can be countered by way of cross-examination.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     10 April 2010

Lilly Ros,

You said th landlord has filed a petition for eviction of tenant on the ground of owners occupation.

Also that tenant has admitted the ownership of landlord.

In such a case, the evidence to deny/question the title of landlord is inadmissible.

The landlord can represent the court that the tenant is estopped under section 116 of indian evidence act from denying the title of landlord and therefore any evidence to that effect is inadmissible.
 


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