24. Applying the principles of law laid down in the above referred judgments of this Court and of Hon'ble Supreme Court on the facts of the present case as discussed above, I do not find any merit in this writ petition. Therefore, the writ petition is dismissed.
In this context, the authoritative pronouncement of the
Hon'ble Supreme Court in Natha Singh vs. Financial Commissioner,
Taxation, Punjab (supra) assumes determinative significance, wherein it
has been unequivocally held that the existence of a valid relationship of
landlord and tenant must be substantiated by cogent evidence, and that
proof of payment of rent constitutes an essential and indispensable
ingredient of tenancy. The mere description of a person as "Gair Marusi" in
the revenue record, absent evidence of rent or other essential attributes of
tenancy, does not ipso facto establish the legal status of a tenant in the eye
of law, relevant extract is as under:-
"38. An application under Order XLI Rule 27 CPC is to be considered at the time of hearing of appeal on merits so as to find whether the documents and/or the evidence sought to be adduced have any relevance/bearing on the issues involved. The admissibility of additional evidence does not depend upon the relevancy to the issue on hand, or on the fact, whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not the Appellate Court requires the evidence sought to be adduced to enable it to pronounce judgment or for any other substantial cause. The true test, therefore is, whether the Appellate Court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced. Such occasion would arise only if on examining the evidence as it stands the court comes to the conclusion that some inherent lacuna or defect becomes apparent to the Court. (Vide: Arjan Singh v. Kartar Singh & Ors., AIR 1951 SC 193; and Natha Singh & Ors. v. The Financial Commissioner, Taxation, Punjab & Ors., AIR 1976 SC 1053).
The true test, therefore is, whether the Appellate Court is
able to pronounce judgment on the materials before it
without taking into consideration the additional evidence
sought to be adduced. Such occasion would arise only if on
examining the evidence as it stands the court comes to the
conclusion that some inherent lacuna or defect becomes
apparent to the Court. (Vide:Arjan Singh v. Kartar Singh &
Ors., AIR 1951 SC 193; and Natha Singh & Ors. v. The
Financial Commissioner, Taxation, Punjab & Ors., AIR 1976
SC 1053).