RAIS KHAN Vs. PRADEEP

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 19/01/2016 passed in civil suit No.33A/2015 by the trial Court dismissing an application filed by the defendants' No.1 and 2 under sections 45 and 73 of the Evidence Act (hereinafter referred to as 'the Act').

(2.) A suit for declaration and injunction is pending consideration before the trial Court wherein the relief sought is to the effect that the suit land admeasuring 0.690 hectare falling in survey No.142 situated in village Raosar (Khalsa) District Ashok Nagar is of the ownership and possession of the plaintiffs' and defendant No.3 with further declaration that the sale deed dated 03/08/1991 alleged to have been executed in favour of the defendants No.1 (by late Govinda also known as Govindi) and thereafter in favour of defendant No.2 be declared null and void as against the plaintiffs' and the revenue record corrected on that basis be declared illegal as well as sought the relief of permanent injunction restraining defendants' not to interfere with the possession of the plaintiffs' over the suit land.

(3.) Defendants' No.1 and 2 have filed an application under sections 45 and 73 of the Act with the contention that as plaintiffs' have alleged that the sale deed executed in favour of defendant No.1 by late Govinda is a forged document having forged signature of late Govinda whereas Govinda was an uneducated person and did not how to write and sign, therefore, expert's opinion is necessary on the signature appended by late Govinda with his signature on patta awarded in his favour by the Sub Divisional Officer, Ashok Nagar dated 26/06/1979 and that of patta awarded in favour of Sukhlal s/o Raisa Kachhi whereon signature of Govinda was appended as witness to the said document.