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(2024) Law Today Live Doc. Id. 19650 = 2024 :PHHC: 87381
Decided on: 15.07.2024
East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13B, 15 – Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27 – Indian Evidence Act, 1872 (1 of 1872), Section 90 -- NRI Landlord – Ownership – Proof of – Additional evidence – 30 year old sale deed – Presumption -- Registered sale deed of 1937 produced from proper custody and being more than 30 years old document carries presumption in terms of Section 90 of Indian Evidence Act and its veracity cannot be impeached at the hands of tenant – Application to lead additional evidence in the shape of sale deed allowed – Matter remanded back to Rent Controller with liberty to tenant for rebuttal if any.
(Para 9-12)