(O&M;) M/S Oberoi Timber Traders vs Narbir Singh Etc on 31 August, 2018
Harbir Singh in his cross-examination admitted that they
had given a plot on rent to Jangjeet Enterprises (Gas Agency), which
is one plot away from the premises in dispute, therefore, the landlords
had not come to the Court with clean hands. His cross-examination
further revealed that he had been running his office in the plot in
which Jangjeet Enterprises was tenant but on the other hand, he
alleged that he was doing a job and had no place to operate his
business. Similarly, Narbir Singh admitted that he had been doing
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C.R. No.1258 of 2009 (O&M) -9-
business since the year 1980, thus, the statements and affidavits given
in the second rent petition i.e. M/s R.K. Traders vs. Narbir Singh and
others were necessary and essential for proper adjudication of the lis
and thus, preferred an application for additional evidence. Another
application for additional evidence to place on record statement of
Kamal Oberoi given in the Civil Suit No.317 of 23.10.1982 was filed
before the Appellate Authority but the same was dismissed on the
alleged reasoning that the contents of the application were silent, in
other words, were neither here nor there.