Himachal Pradesh High Court
RSA/296/2019 on 20 August, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
RSA No. 296 of 2019 20.08.2019 Present: Mr. R. P. Singh, Advocate, for the appellant.
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Mr. Sunny Modgil, Advocate, for respondent No. 1.
Learned Counsel for the appellant states that certified copy of learned trial Court judgment was filed on 30.07.2019 in the Registry. Learned counsel to follow up with the Registry.
Admit on the following substantial questions of law:-
1. Whether the learned lower Appellate Court is illegally justified in ignoring the fact that presumption of truth is attached to the mortgage deed dated 03.10.1997, which is a registered document under the provisions of Registration Act, simply on the ground one of the attesting witness has not been cross-examined, although signatures of another attesting witness appended on the said document were duly identified by his son? If so, its effect.
2. Whether the learned lower Appellate Court is ignoring the fact that the defendant has not produced any document showing his status as a tenant nor any receipt of rent allegedly paid by him during this long time right from 03.10.1997 till the filing of the suit, which is the per-condition to prove the relationship of landlord and tenant under the H.P. Urban Rent Control Act, which is applicable in the area falling under N. A.C Daulatpur Chowk? If so, its effect.
Since the appellant is aged about more than 85 years, therefore, the hearing of the appeal be expedited.
List for final hearing on 19.11.2019.
(Tarlok Singh Chauhan) Judge August 20, 2019.
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