MAQBOOL AHMED Vs. MANJIT KAUR

JUDGEMENT

(1.) The respondent filed a suit against the petitioners under Section 6 of the Specific Relief Act (hereinafter referred to as the said Act) for recovery of possession in respect of property RZ-903 in Gali No.24, Tughlakabad Extension, New Delhi. The respondent claimed that she was wrongfully dispossessed from the suit property without any authority of law on 15.11.1993. Criminal proceedings were also initiated.

(2.) The suit was resisted by the petitioners claiming that the respondent was never in possession of the suit property. The evidence has been led by the respondent and the evidence of the petitioner is still being led. At this stage an application was filed by the petitioners under Order 18 Rule 17A of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) praying for certain documents which had been exhibited in his affidavit as Exhibit DW-1/15 to DW-1/15F on the ground that during the pendency of the case the Government authorities including the House Tax Department and the Electricity Department had issued certain notices and bill in respect of the suit property under possession of the petitioners. A copy of the order passed by the learned Metropolitan Magistrate in criminal proceedings was also sought to be placed on record. This application was disposed of by the Trial Court vide order dated 5.2.2005 only allowing the order of the MM to be placed on record.

(3.) The reason given for dismissal of the application is that the present suit is one under Section 6 of the said Act and all the documents relate to subsequent events. There is no dispute that the petitioners are in possession after 19.11.1993 and thus the documents throw no light on the controversy in question.