Legal Question in Civil Rights Law in India

Respected sir,

I received your answer upon my legal queries for which I am a lot of thankful to you. Sir, still I have few queries which is yet to be clarified, as Your Honour bothered to reply my earlier questions I am putting the same with the recent conditions, before Your Honour with the expectation that I will get the satisfied reply as earlier. The said queries with the present circumstances are as follows:

The short story and facts of the case of Landlord / owner in short is:

A Tenant was residing in the suit room owned and possessed by the Landlord. The tenant has executed a Surrender Deed by accepting a Rs. 25000/- in favour of the Landlord/ Owner. The said Surrender Deed was duly Notarized. Thereafter the discrepancy has crept in the mind of the alleged tenant. The alleged tenant filed suit for Declaration, Injunction against the Landlord/ Owner in the Court of the Civil Judge (Junior Division).

The main allegation of the alleged tenant was that, he never signed on the Surrender Deed nor taken Rs. 25000/-from the property owner. The Landlord appeared in the said matter and contested that the alleged tenant has signed on the Surrender Deed by accepting Rs.25000/-. Issues were framed.

The Landlord examined himself and the persons who stood as witnesses in the Surrender Deed. In all there were Five witnesses have signed as a witness. Out of which Four witnesses have deposed before the Trial Court, they stated that the alleged tenant has taken Rs.25000/- and signed on the SURFRENDER DEED before them. One witness was out of station hence could not be examined.

Trial Court decreed the suit of the alleged tenant and given the findings that the alleged tenant is still tenant of the property owner. The owner has preferred appeal before the District Court, the District Court also confirmed the Decree of the Lower Court. Being dissatisfied the owner has preferred second appeal before the Hon�ble High Court. The High Court has also upheld the decision of the Trial Court.

Now I would like to know that the as the alleged tenant denied his signature over the Surrender Deed and receipt of Rs.25000/- from the owner / Landlord. The Lower Court / Trial Court did not send the Surrender Deed for the clarification and verification of the signature of the alleged tenant. The Trial court also not examined the Notary Advocate who got executed the Surrender Deed.

I would like to know whether the matter could be remanded back to the first Trial Court with specific directions first to send the matter before HAND WRITING EXPERT, THEREAFTER FOR THE EXAMINATIONS OF THE HAND WRITING EXPERT AND NOTARY ADVOCATE.

sir,the Hon'ble High Court has passed its order and thereby directed the owner of the property i.e the Petitioner i.e myself to restore the possession of the suit room on or about in the year 2010 & the lower court has also passed order in the Darkhast i.e. in the execution proceeding.

sir,it is to be noted that after the surrendering the possession by the tenant, the owner of the property has given the said Room {here it be noted that the ROOM UNDER DISPUTE}on rent to one another person and he is paying the rent regularly and punctually to me, when the new tenant heard about restoration of possession to alleged tenant, he i.e new tenant has filed Regular Civil Suit against myself & the alleged tenant in the Court of the Civil (J.D.) which is still pending in the file of the said court, therein the Civil Court (JD)has also granted order of STATUS QUO against all the Defendants, which is still in force till date.

Sir, I am a poor handicapped person and cannot afford and bear the legal expenses.

Expecting Your Honour would reply satisfactorily as early as possible.

Thanking you in anticipation.

Yours����..

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