SUNDER Vs. KESHAVA

JUDGEMENT

(1.) In a case under Sec. 229-B of the U.P.Z.A. and L.R. Act the defendant lost in both the courts below. It has held that the plaintiff was tenant of the land in suit and was also in possession over it and that the defendant held no interest in it.

(2.) The first point raised by the learned counsel for the appellant is that the Patta dated April 20, 1952 executed by the plaintiff in favour of the defendant was filed in the first appellate court and was admitted and yet the learned Additional Commissioner did not discuss this patta, nor discussed in detail the oral evidence of the parties. He has argued that the finding of the fact given by the learned Additional Commissioner is vitiated because of non-consideration of material evidence on the record. I do not think that there is much substance in this argument. The Patta was, of course filed in the court of the learned Additional Commissioner, but it has not been proved. A document though admitted in evidence cannot be taken into consideration unless it is proved by some witnesses. Moreover, I have looked in the Patta and find that there is over writing on the mentioned plot and so if cannot be said that the Patta was in respect of the land in suit.

(3.) The next argument of the learned counsel for the appellant was built upon the Patta itself and argued that as the Patta has been executed in 1952 and there is some evidence on the record that the defendant was recorded in possession over the land in suit, an inference must be drawn that the defendant came into possession over the land in suit in 1952 and so he perfected his rights by adverse possession. I have mentioned above that the Patta itself had not been proved and could not be taken into consideration. I have also pointed out that in that Patta there is over writing and it cannot be inferred from it that it was in respect of the land in suit. So there is no question of drawing any inference in favour of the defendant to the effect that he was to possession over the land in suit since 1952.