LAIQAN BEGAM Vs. ABDUL HAMID

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure has arisen out of the order dated 18th January, 1978 passed by Mrs. Aruna Suresh, Sub-Judge 1st Class Delhi declining an application of the petitioners under Section 65 of the Indian Evidence Act, 1872 for permission to lead secondary evidence.

(2.) The petitioners herein and respondents 2 to 6 herein filed a suit against Shri Abdul Wahid, respondent No.1 herein for the recovery of possession of plot of land on the ground that they are the owner's/landlords of the property. The petitioners herein claimed as the heirs of Haji Mohd. Ahmed and respondents 2 to 6 claimed to be the heirs of Mohd. Isaq. It was alleged that the property in dispute was purchased in the name of Haji Mohd. Ahmed and Mohd. Isaq on 8th November, 1943. During the pendency of the suit, a question arose about the ownership of the property in dispute though the contention of respondents 2 to 6 was that the issue of ownership was not required as the plaintiffs being landlords could file the suit for possession for the vacant land. However, the petitioners herein moved an application under Section 65 of the Indian Evidence Act, 1872 for leave to lead secondary evidence of the sale-deed of the property in dispute which was registered on 8th November, 1943 in favour of Haji Mohd. Ahmed and Mohd. Isaq. The trial Court by its order dated 21st May, 1977 dismissed the application on the ground that there is no specific contention of the plaintiffs that the original sale-deed had been lost and the same is not traceable.

(3.) The petitioners herein then moved a separate application on 3rd October, 1977 under Section 65 read with Section 90 of the Indian Evidence Act, 1872. The application was accompanied by an affidavit dated 3rd October, 1977 by Shri Mohd. Usman, son of Shri Haji Mohd. Ahmed, one of the plaintiffs. It is deposed ;-