Defendant Need Not Enter Witness Box To Prove Admitted Document : Supreme Court
The Supreme Court has held that a defendant is not required to step into the witness box when the defence is based on an undisputed document already placed on record.
A bench of Justice M.M. Sundresh and Justice Prasanna B. Varale heard the case where the Appellant-plaintiff filed a suit seeking a mandatory injunction and possession against a Respondent-tenant claiming him to be the owner of the property and permitted the respondent to use the property as a licensee.
The trial court dismissed the Appellant's suit, taking on record the revenue entry showing him as 'tenant'.
The First Appellate Court reversed the trial court's decision upon drawing an adverse inference against the respondent on the premise that the respondent has not chosen to step into the witness box.
The view of the First Appellate Court was reversed by the High Court .
Aggrieved by the High Court's decision, the plaintiff moved the Supreme Court arguing that since the respondent had not entered the witness box, the High Court had committed an error in restoring the judgment and decree of the Trial Court.
Affirming the impugned order, the Court observed that since the fact about the respondent being the tenant of the Appellant is admitted from the revenue entry, then the Respondent didn't need to assert that claim by entering into the witness box.
“The revenue records clearly indicate the fact that the respondent was a tenant, from 1965 onwards. In such case, there is no need for the respondent, being the defendant, to step into the witness box. The need to step into the witness would arise only when a new fact which is asserted by a party is required to be proved.”, the Court observed.
As a result, the appeal was dismissed, by appreciating the able assistance rendered by Adv. Awstika Das, Amicus Curiae is the matter.
Cause Title: PUNNU RAM VERSUS LATURIA RAM DEAD TH. LRS.
Citation : 2026 LiveLaw (SC) 903
Appearance:
For Appellant(s) Mrs. Naresh Bakshi, AOR Mr. Amit Pai, Adv. Ms. Pankhuri Bhardwaj, Adv. Ms. Bhavana Duhoon, Adv. Ms. Ananya Mehrotra, Adv. Mrs. Naresh Bakshi, Adv.
For Respondent(s) Ms. Awstika Das (appoointed as Amicus Curiae) Mr. Sidharth Kaushik, Adv. Ms. Nidhi Raj, Adv.