KHUMAN SINGH Vs. LAXMAN KUSHWAHA

JUDGEMENT

(1.) Decree of title over agricultural land bearing survey No.390 admeasuring 0.284 hectares at village Kharod, tehsil and district Guna (M.P.) and that of permanent injunction passed in favour of respondent No.1 plaintiff by the trial Court and upheld by the first appellate Court has impelled the appellant/defendant No.1 to approach this Court by preferring the instant second appeal under section 100 of CPC.

(2.) Learned counsel for appellant is heard on the question of admission.

(3.) Learned counsel for appellant relying upon the decision of Apex Court in Union of India Vs. Ibrahim Uddin and another reported in (2012) 8 SCC 14 (para 85.16.) submits that the burden of proving issue No.2 regarding alleged unlawful occupation of a strip of land measuring 15 feet X 400 feet situated on the north side of the suit land has been wrongly shifted upon by defendant without first ensuing that plaintiff discharged his onus of establishing the said issue by producing cogent evidence. It is also submitted by learned counsel for the appellant that an application under Order 41, Rule 27 (1)(b) Civil Procedure Code was filed to bring on record additional evidence to enable this Court to render justice for which I.A. 5068/2018 has been filed. The said additional evidence, is intended to establish that the trees as referred to issue No.2 are situated at survey no.394/1 which belong to defendant no.1/appellant herein.