TMI Blog1986 (8) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... endant could not give vacant possession of the first and second floors of the building to them and consequently, he agreed to pay the rent at the rate of ₹ 400/- per mensem to them. They filed an eviction petition against the defendant regarding first and second floors of the building in which the defendant took a plea that there existed no relationship of landlord and tenant between the parties and that he was a trespasser in the building. consequently, they filed a suit filed a suit for possession of the first and second floors of the building and for recovery of ₹ 14,000/- as damages for use and occupation with effect from 1-7-1973 till 30-6-1976 at the rate of ₹ 400/- per mensem. 3. The suit was contested by the def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quently, it decreed the suit for possession of the first and second floors for the building and for recovery of ₹ 14,000/- The defendant has come up in appeal to this Court. 5. Mr. Anand Swaroop, learned counsel for the appellant, has argued that the sale consideration of the building was ₹ 1,50,000/- and not ₹ 75,000/-. Prem Singh father of the plaintiffs had agreed by a separate agreement to pay the amount of ₹ 75,000/- within a period of one year and I case he failed to do so, the sale deed would retain possession of the building. He further submits that the agreement mark 'A' has been duly proved and from the document the above facts stand established. 6. I have duly considered the argument but do f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndant he has not been examined. His non-production supports the version of the plaintiffs that it was never executed by Prem Singh. The defendant produced Shri Shanti Sarup, Handwriting Expert. D.W. 5 to prove the document. The learned trial Court did not rely on his testimony and in my view rightly. It is well-settled that the science of handwriting is not a perfect science. Therefore, evidence of a Handwriting Expert is received with great caution. Moreover, Shri Shanti Saroop Jain admitted that there were variations in the admitted signature and the disputed ones, and that the hand of the writer was not a set hand. In this situation the statement of a Handwriting Expert cannot be of much assistance. It is also relevant to point out that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transfer or dispose of by sale, mortgage, lease. gift. settlement or otherwise any immovable property situate in India: Provided that nothing in this sub-section shall apply to the acquisition or transfer of any such immovable property by way of lease for a period not exceeding five years.'' 11. It is true that the section provides that without the previous permission of the Reserve Bank, a person who is not a citizen of India, cannot acquire property, but it does root provide that if someone purchases any property the title therein does not pass to him. What the Act provides is that if a person contravenes S. 31 and some other sections, he can be penalized under S. 50 and can also be prosecuted under S. 56. However, there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiffs therefore moved Civil Miscellaneous No. 885-CI of 1986 under O. 41, R. 27 and S. 151 of Civil P.C. praying that the document be taken on the record. It is well-settled that a Court in the interest of justice can take into consideration subsequent events. In the above view I am fortified by the observations of the Federal Court in Lachmeshwar Prasad v. Keshwar Lal, AIR 1941 FC 5, wherein it was observed that hearing of an appeal under the procedural law of India is in the nature of re-hearing and therefore in moulding the relief to be granted in a case on appeal, the appellate Court is entitled to take into account even facts and events which have come into existence after the decree appealed against. Consequently, I accept the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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