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6. In the application for additional evidence filed before the Tribunal it was stated by the tenant that on 29.6.81 he was busy in Embassy for obtaining visas and on 30.6.81 he left the country and purchased the tickets in Germany for his onward journey and that the photo copies of the passport and the tickets were enclosed to prove that the alleged limited tenancy under section 21 of the Act was obtained on 30.6.81 from the court by the landlord on manipulation and fraud played on the Court. Referring to the said application for additional evidence, the Tribunal observed in its order as follows:

"During the pendency of the appeal an application was made on behalf of the respondent praying for permission to file additional evidence with regard to permission under section 21 of the Act having been obtained by the appellant in absence of the respondent as according to him on 29.6.1981, the respondent was busy in Embassy for obtaining Visas and on 30.6.1981 he left the country and purchased a ticket for Germany for his onward journey which would be evident from the entries in his Passport and Visa. That may or may not be so but the present application appears to be quite vague and in any case it appears to me an afterthought device on the part of the respondent in as much as no such plea about his absence before the Rent controller was taken up by him in the objection filed in response to the execution application. In any case, this evidence would be wholly irrelevant in view of may finding that the respondent was not within his rights to maintain the objection petition after expiry of the period of limited tenancy. The application has therefore no merit and is accordingly dismissed".
-------------------------------- After a copy of the document was served on the landlord it appears that the latter approached the German Embassy at New Delhi in order to verify the authenticity and correctness of the same. In Paragraph 6 of the affidavit filed by the landlord on 8.11.97, it is stated thus:
"Further in order to verify the authenticity of the said document, the answering respondent sent a photocopy of the same to the German Embassy in Delhi for verification of the same. The communication dated 15.4.1997 received from the German embassy clearly shows that the said document is not genuine and is a forged document. The petitioner has relied upon the immigration stamp in the said document to claim that he arrived in Germany on 30.6.1981 whereas 'A' in the Immigration Stamps stand for Ausreise = departure and not arrival. Further the name of the country Deutchland in Immigration Stamp is spelt incorrectly and the date is not from a rotating stamp which is used by the customs authorities. It is submitted that the appellant has resorted to forgery to mislead this Hon'ble Court and it is submitted that it is a fit case where apart from revoking the special leave granted, criminal proceedings should be initiated against the appellant. A copy of the letter dated 15.4.1997 is annexed hereto as Annexure R-2."
The round embassy seal in the bottom left corner appears faked and requires further investigation. (Signed) Rehienbeck ATTACHE

27. Learned senior counsel for the tenant vehemently argued that no reliance should be placed on the aforesaid letter which was written on the basis of a photo copy and the proper course to be adopted by the court is to sent the passport in which the original visa is entered to the Embassy and get its opinion as to the authenticity thereof. when the matter was being argued on 12.8.98 he offered to produce the original passport on the next date. We adjourned the matter to 13.8.98 at 2.00 P.M. but learned counsel wanted further time. We granted one week therefrom for production of the passport and posted the matter to 20.8.98 in the chambers at 1.30 P.M. But as stated earlier, the passport is not forthcoming. It is very strange that the passport which was flashed before the court on an earlier occasion before the matter was heard is now missing after the court is fully apprised of the facts of the case. This is eminently a fit case to draw an adverse inference against the tenant from the non-production of the passport. Itself it had been produced, there is no doubt that it would have been found out that the Visa/immigration stamp of the Federal republic of Germany was not genuine but a fabricated one. We have already pointed out that the tenant had tampered with the records in Court more than once and has been developing his case stage by stage. The plea that he was not in the country was raised for the first time in December 1995 i.e. nearly 11 years after the warrant of possession was issued against him be the A.R.C. Further, we find that in there photo copies of the two other visa stamps made by the German Embassy with reference to other periods the immigration stamps are not only different in shape but the spellings of the relevant words are correct. The spelling mistakes found in the disputed visa are not found in the photo copies of the other visas of the same country. In such circumstances we hold that the tenant has not proved the genuineness of the visa/immigration stamp of the Federal Republic of Germany. Nor has he proved that he was not in India on the relevant date and the relevant time. Hence the first limb of the contention that the order of the A.R.C. dated 30.6.81 was vitiated by fraud fails and is rejected.