DIN DAYAL Vs. PIYUSH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 17.08.2010 passed by learned Civil Judge (Junior Division), Bhiwani, whereby the application moved by the defendant No.1-petitioner herein seeking permission to lead secondary evidence to prove photostat copy of Rapat Roznamcha, was dismissed.

(2.) The brief facts of the present case are that plaintiff has filed suit for declaration and permanent prohibitory injunction with the allegations that plaintiff is owner in possession of the substantial property in Bhiwani as mentioned in the plaint. Defendant No.2 is in possession of the house as tenant under the plaintiff, whereas defendant nos. 3 and 4 are in possession of shop under the plaintiff. Further contention of the plaintiff is that in the month of August, 2002, plaintiff came to know that defendant No.1 ... petitioner herein on the basis of some false, fabricated documents has got his name entered in the assessment record of the Municipal Council, Bhiwani, over the room in question. It has further been contended in the plaint that defendant has no concern with the property in question nor he is in possession of the said property.

(3.) Defendant No.1 ... petitioner herein has filed written statement refuting the allegations made in the plaint. Defendant no.1 is claiming himself as tenant and is in possession of the property in question.