LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Tenancy Agreement – Failure to Tender Pleaded Agreement is Fatal

When pleadings specifically identify and rely on a documentary agreement as the basis of the claim, that document must be produced and proved at trial. Failure to tender the pleaded agreement is “fatal”—it results in dismissal regardless of other evidence presented. The best evidence rule requires production of original documents where their contents are in issue. Without the agreement, courts cannot determine its terms, validity, or whether it supports the claimed rights. Oral evidence about the agreement’s contents cannot substitute for the document itself. This strict requirement ensures claims based on documentary foundations rest on proved documents, not speculation about their contents. It prevents parties from making unverifiable claims about agreements they cannot or will not produce.