LAWS(CHH)-2019-7-56

NAGAR PALIK NIGAM RAIPUR Vs. GULAM MOHAMMAD KHAN

Decided On July 24, 2019
Nagar Palik Nigam Raipur Appellant
V/S
Gulam Mohammad Khan Respondents

JUDGEMENT

(1.) Heard on I.A.No. 5 of 2019, which is an application filed under Order 41 Rule 27 of the Code of Civil Procedure, 1908 by the appellant supported by an affidavit of Arun Kumar Sahu, Zone Commissioner, Zone-III, Municipal Corporation, Raipur.

(2.) This is an appeal against the judgment/decree dated 6-12-2017 by the trial Court. As per appellant the order by which name of respondent was mutated in the revenue record is reviewed by the Tahsildar in Revenue Case No.1530/A-6/2016-2017 and name of the respondent is deleted as he is not the title holder of property in question. That order was passed by the Tahsildar on 26-8-2017 before the judgment of the trial Court but same was not filed before the trial Court that is why judgment of the trial court is based on earlier order of Tahsildar which was reviewed and cancelled, therefore, the review order of Tahsildar is necessary for just decision of the case as an additional evidence.

(3.) On the other hand, learned counsel for the respondent opposes the said application.