GURMUKH SINGH Vs. SARWAN SINGH AND OTHERS

JUDGEMENT

(1.) Respondent No.1 filed a suit for declaration against the petitioner and others to the effect that he was owner in possession of the suit property and entries in the column of cultivation in the jamabandi for the year 1992-93 in the names of defendants( including petitioner) on the basis of alleged exchange were wrong. Consequential relief of permanent injunction was also sought.

(2.) The aforesaid suit was decreed by the Civil Judge(Senior Division), Nawanshahar, vide judgment and decree dated 07.02.2005. Petitioner filed an appeal against the aforesaid judgment and decree before the Lower Appellate Court and the same is stated to be pending.

(3.) During the pendency of the aforesaid appeal before the Lower Appellate Court, petitioner moved an application under Order 41 Rule 27 for permission to lead evidence in the shape of jamabandis for the year 1967-68, 1972-73, 1977-78, 1982-83, 1987-88, 2002-03 and 2007-08 khasra girdawari Sauni 1971 and Hari to Sauni 2007 and motor tubewell connection in the name of Didar Singh in exchanged land by Sarwan Singh in favour of Didar Singh etc. It was alleged that they were in possession of the land in dispute since 1965 being owners by way of exchange which finds mention in the revenue record. It was stated that the aforesaid documents are essential to arrive at the correct conclusion and the application for additional evidence is moved at the earliest and without wasting any time and therefore the same be allowed.