OMPRAKASH Vs. BABULAL

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed seeking following relief(s):-

(2.) It is submitted by counsel for petitioner that petitioner has filed a suit for declaration of title and permanent injunction on the ground that on 07/08/1998,Parwati Bai had executed a Will in favour of petitioner which was never challenged by the defendant and the Will dtd. 07/08/1998 is still in existence. Parwati Bai has expired on 02/09/1998. After the death of Parwati Bai, petitioner moved an application for mutation of his name on the basis of Will and accordingly, his name was mutated. 15 years thereafter, defendant filed an Appeal before SDO Harda and the same was dismissed by order dtd. 28/07/2020. The order passed by SDO Harda was challenged by filing an Appeal before Additional Commissioner, Narmadapuram Division Hoshangabad, who by order dtd. 23/02/2021 passed in case No.92/Appeal/year 2020-21 allowed the Appeal and set aside the orders of mutation passed by Tehsildar & SDO. Thus, the suit was filed for declaration of his title on the basis of Will.

(3.) The defendant filed his written statement and denied execution of Will. The petitioner gave a notice to defendant to produce documents, however, the said application was rejected. Thereafter, petitioner obtained a copy of Will under the Right to Information Act and filed the same along with an application under Sec. 65 of Evidence Act for leading secondary evidence. The application was opposed by defendant/respondent. The Trial Court by the impugned order has rejected the application on the ground that the private documents supplied under the Right to Information Act cannot be taken on record.