Search Results Page
Search Results
1 - 8 of 8 (0.17 seconds)Section 2 in The Delhi Rent Act, 1995 [Entire Act]
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
Radheshyam G. Garg vs Safiyabai Ibrahim Lightwalla on 19 January, 1987
16. In the case in hand, certified copy of the bank statement was
produced by the officer of the bank himself in the court and perusal of the same
also shows that same also bear the seal of the bank with signature. Hence, the
same can be relied upon. Moreover, the plaintiff/PW1 during his cross
examination and PW-3 admitted that cheques issued by the defendant in favour
of the plaintiff for rent were encashed in his bank account. This admission on
behalf of plaintiff and his witnesses also corroborates bank statement relied
upon by the defendant. Hence in view of the above judgment i.e. Radheshyam
G. Garg vs. Safiyabai Ibrahim Lightwalla (supra) this court agrees with the
finding of ld. Trial Court that even though the bank statement may not be in
RCA No. 13/21 Sh. Shyam Sunder Nagpal Vs. Sh. Ram Chaudhary Page No. 12/13
accordance in the provision of bankers book evidence act, however, it does
prove that account of Rs.3000/- was being debited from the account of the
defendant when the cheques Mark DW1/1 to DW1/9 were present for the
encashment. This court is also agrees with the observation of ld. Trial court that
the court should not adopt a hyper technical and rigid attitude while complying
with the provisions of law. Hence, this court agrees with the finding of ld. Trial
court that the suit of the plaintiff was barred u/s 50 of Delhi Rent Control Act
and the suit was not maintainable.
The Code of Civil Procedure, 1908
The Delhi Rent Act, 1995
Section 2 in The Bankers Books Evidence Act, 1891 [Entire Act]
The Bankers Books Evidence Act, 1891
1