BADRIPRASAD Vs. BHAGWANDAS

JUDGEMENT

(1.) THIS revision petition arises out of the Plaintiff -non -applicant's suit for the possession of a house on the allegation that the house in question belongs to the temple of Shree Kunjbihari and the Defendant was allowed to use and occupy it on payment of compensation; that the Defendant is not willing to pay an enhanced amount of compensation.

(2.) MR . Bhagwandas Gupta learned Counsel for the applicants urged that under the law in force at the time of the execution of the document no registration was necessary; that even if it was, necessary and the document was not registered, it .could be used in evidence for collateral purposes and for proving the nature of the applicant's possession of the property and that it, could be used for the purpose of a defence under the doctrine of part performance; and that, therefore the trial Judge erred in preventing the applicants from proving the execution of the document and tendering it in evidence.

(3.) IN my opinion for proper decision of the suit, it is essential that the applicants should be given Anr. opportunity to produce their evidence. The trial Judge shall accordingly record such evidence as the applicants may adduce and determine the question of the admissibility of the deed in the light of this order.