MOHAR SINGH Vs. BHAGWAN DAS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Suit filed by the plaintiffs-petitioner for permanent injunction to restrain the defendants-respondent from interfering over the suit property or to interfere in raising construction over the same was dismissed by the trial court vide judgment and decree dated 12.4.2002 on the finding that plaintiffs-petitioner have failed to establish that the suit property described in the plaint was of plots no 503, 504 and 507 of which they claim to be Bhumidhar. The plaintiffs-petitioner went up in appeal. During the pendency of the appeal, an application dated 31.07.2009 was filed under order XLI Rule 27 of the Code of Civil Procedure, 1908 (for short the 'Code) to take on record sale deeds by which they purchased the suit property as additional evidence. Another application of date was moved with the prayer to issue survey commission to inspect the suit property and submit a report. Lower appellate court vide impugned order dated 24.08.2009 has dismissed both the applications.

(3.) In so far as the application under Order XLI Rule 27 of the Code is concerned, the same has been rejected on the ground that since there is no dispute with respect to rights and title of the plaintiffs in plot no. 503, 504 and 507 as such there was hardly any necessity to accept the sale deed as additional evidence at this belated stage. In so far as issuance of survey commission is concerned, the court below rejected the application on the ground that commission was issued by the trial court who after making spot inspection submitted report and found that defendants-respondent were in possession over the same. The said report was also confirmed and after the appeal remained pending more than seven years, there was no justification to issue survey commission and re-open the entire proceedings from the stage of evidence between the parties.