THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP NO. 3972 OF 2010 Date of Judgment: 4.3.2011 Between: Venugopal …Petitioner and Anwar Ali and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3972 OF 2010 ORDER: The plaintiffs, who have filed a suit for eviction of the respondent/defendant/tenant, during the course of trial, sought to mark income tax returns for the years 2006-07, 2007-08 and 2008-09. The same was disallowed by the trial Court under the impugned order on the ground that the said documents are self-declarations of the plaintiffs and do not bind the defendant. The said order is questioned in this revision. Heard both sides. The petitioners/plaintiffs’ application seeking production of the aforesaid documents was not opposed by the respondent/defendant as is evident from the counter filed on his behalf before the trial Court, which only says that the documents be received subject to objection as to quantum of rent. The mere receiving of documents or marking the same would not amount to proof of the documents and during the trial it is open for the respondent/defendant to establish before the trial court that the said documents, though received and marked, have no probative value. The trial Court has, however, refused to receive the documents and mark them, which would amount to pre-judging the relevancy and the inference to be drawn from the said documents. Hence the impugned order is liable to be set aside and it is accordingly set aside. The revision petition is accordingly allowed and IA No. 613 of 2010 shall stand allowed as prayed for. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 4.3.2011 KR