RAM SUNDER Vs. D.D.C. AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties, learned Standing Counsel for the State and perused the record.

(2.) THIS writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 11.06.1992 passed by the Deputy Director of Consolidation, Faizabad.

(3.) NEEMAR , Father of the petitioner had claimed his right on the basis of a Lease -deed executed by one Awadhesh Pratap Singh in his favour of the land of Plot No. 3984 area 2 -8 -0 registered on 29.05.1951 and executed on 27th September, 1951. Copy of this deed is also available on the writ file. This was not an legible copy. Learned Counsel for the petitioner was asked to file certified copy and typed copy of this deed but for the reason best known to him, he has not filed the same. From the record, it reveals that neither Neemar had examined himself nor marginal witness of the deed were examined on his behalf to prove the legality and validity of this deed. Learned Counsel for the petitioner referred the amended provisions in U.P. of Section 90 of the Evidence Act and argued that this deed was more than 20 years old when produced in the court and it was admissible in evidence. Learned Counsel for the respondent had drawn my attention on the proviso of Section 90 of the Evidence Act and argued as this document was basis of the claim of Father of the petitioner so under the provisions of Law it requires proof. I am also of the view that for the purpose of seeing this document in Evidence it requires proof as it was the basis of the case of the father of the petitioner. Further from perusal of the record, it reveals that there was no plot of the area 2 -8 -0 and the area of the Plot No. 3980 was 2 -15 - 0. Not the case of the petitioner that part of land of plot was retained by him. Awdhesh Pratap for his own use or it was in use of the Gaon Sabha. Something unnatural that only 2 -8 -0 land will be leased out. If this Awdhesh Pratap Singh was having right to execute the Patta, what remains for the land of 7 Biswa of this plot , it is not clear from the record.