Legal Question in Civil Litigation in India
Evidence
My father taken a premises at Kolkata (india) on lease for 33 yaers in 1969 on Pagri basis from a Private Limited Company and paid pagri amount in cash. I could not preserve the origional receipt of pagri. The rent has been regularly paid by me. In 2003 the land lord asked me to vacate the [premises and refused to accept the rent and I started depositing the same to the Rent Controller. In 2005 the landlord filed a ejectment suit in City Civil Court, Kolkata in which he produced a copy of the registered lease deed executed some time in 1970. I am sure that no such deed was ever executed and registered. I prayed the court to either ask for the origional copy of the Lease Deed or summon the records of the Registrar of Assurances, Kolkata to verify the signature and the thumb impession of my father and also the origional Minute Book of the land lord authorising the person who have executed and signed the lease deed on behalf of the Landlord Company. But the Court refused for the same on the plea that the Certified Copy of the Registered Document need no further proof or evidence and authority to sign lease deed need not to be proved or verified. What is the legal position in this case. Can I presurise the Court for this.
4 Answers from Attorneys
Re: Evidence
contact a sr lawyer in kolkatta.
Re: Evidence
Yes, you can make an application and if the same is rejected you can consider filin an appeal against the same before the superior court. However, if the certified copy is provided by the Landlord then I believe the court admitting the same as a document is correct but yo can still pursue the matter based on the contents of the document.
Please note that the acceptance of the document by the court does ot mean that the content of the document are also proved.
Re: Evidence
You should follow the advice of your counsel who is conducting the case. The Courts are NOT to be "pressurized" but persuaded on a particular view point.
If you are conducting the case in person, you may better engage a counsel to represent you.
Re: Evidence
You may engage a senior counsel from Kolkata itself.
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