Legal Question in Civil Rights Law in India

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, 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����..


Asked on 9/17/13, 2:01 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.09.2013

Dear Sir / Madam,

This is a clear cut case of "Anaadi Court - Andher Nagari Chaupat Raja."

There is ample evidence to prove that the tenant has factually signed the Surrender Deed in the name of the Landlord, and his Suit for Declaration and Injunction is only an aftermath. YES, you are absolutely right that the matter has to be remanded back to the Trail Court for proper cross examination of the tenant and by laying emphasis on the fact that a majority of the witnesses have already deposed in the Court that the tenant has actually signed the Surrender Deed.

Regards,

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Answered on 9/17/13, 8:13 pm


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