STAR PAPER MILLS LTD. Vs. ANISA BEGUM

JUDGEMENT

(1.) This revision is directed against the order of the Additional District Judge, Court No.2, Saharanpur, rejecting the defendants' application under Order XIII Rule 8 CPC read with Rule 60 of the General Rules (Civil), 1957 and Ss. 31, 32, 33, 38 and 40 of the Indian Stamp Act, 1899 (for short, 'the Act of 1899) asking the Court to impound the document bearing paper No. 354-Ka filed by one Farid Ahmad, a third party, seeking impleadment, in support of his impleadment application.

(2.) The facts in a nutshell leading to this revision are that Smt. Anisa Begum, a resident of Kori Tilla, Saharanpur, instituted O.S. No. 317 of 1991 in the ex-Court of the Civil Judge, Saharanpur [now Civil Judge (Sr. Div.)] against the two defendants, who are substantially the same party, that is to say, Star Paper Mills Pvt. Ltd. through its Managing Director and the General Manager of the said company, claiming a mandatory injunction in terms hereinafter indicated.

(3.) The plaintiff's case is that the suit property, admeasuring 7940 square yards, Khasra No. 538, Khewat No. 13, Mahal Gher, Daiyan Mohammad Hasan Khan, Village Pathanpura, is the plaintiff's property, of which she is the owner in possession. She is recorded as such in the revenue record. The aforesaid property shall hereinafter be called 'the suit property'. It is the plaintiff's case that the suit property is abadi and located within the city of Saharanpur. As such, zamindari relating to the said land has not been abolished and the plaintiff continues to be its zamindar with all rights attached to the estate. After pleading her chain of title and the manner of acquisition of the suit property through sale deeds by the plaintiff's father, Nisar Ahmad, it is asserted that the plaintiff has inherited the said property from her father. Her father was in possession of the suit property as zamindar along with other properties that he had purchased. His name was mutated in the revenue records.