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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:

20. It is also significant to note that the abovesaid sentence in the rejoinder is as vague as possible. It stops with merely referring to the no-appearance of the tenant before the A.R.C and does not go to the extent of saying that the tenant was out of the country at that time. The plea that the tenant had left India in the night of 29th/30th June 1981 was not raised at any time before the A.R.C or before the Appellate Tribunal till 18.12.95 when an application was moved by the tenant for permission to file additional evidence. For the first time in the proceedings, the tenant raised the plea in the said application that he had left the country on 30.6.81. Even at that stage the tenant did not choose to give the details of his alleged flight to Germany from India. Neither the name of the airline nor the time of the flight was disclosed to the Court. Alongwith the said application for additional evidence the tenant claimed to have produced a photo copy of the passport and a ticket alleged to have been purchased in Germany for his onward journey to other countries.

24. It is not the case of the tenant that he was in India but did not attend the court. His only case is that he had gone out of India and was not in a position to attend the Court. Such a plea could easily have been proved by producing the relevant official documents such as passport and visa as well as a copy of the air ticket. the plea was itself raised only at the appellate stage but the relevant documents were not produced even then, In the application for additional evidence the tenant claimed to have produced photo copies of the passport and the ticket purchased in Germany for onward journey. The said ticket even if genuine would not prove in any manner that he was in Germany on the relevant date. The ticket could have been purchased by any person on his behalf. Even the said photo copy of the ticket did not relate to the year 1981. That fact is admitted by the tenant in his affidavit filed in this Court on 20.3.98. In paragraph 7 it is stated thus:

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.