MOHAN LAL Vs. BHIM SAIN AND ANR.

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 18.10.2010, passed by learned trial Court, vide which application filed by present Petitioner-Defendant No. 1 for leading additional evidence was ordered to be dismissed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Brief facts relevant for the decision of present revision petition are that there is dispute between the parties to the suit with regard to a passage situated in North side of shop of Petitioner-Defendant No. 1. The property of Respondent No. 2 and his mother Smt. Sewati Bai is situated in Northern and Eastern side of that disputed passage. Petitioner-Defendant No. 1 had purchased this shop in question from Chunni Lal by way of registered sale deed No. 557 dated 16.7.1976 while Respondent No. 2 and his mother had purchased the Northern Eastern side property from same Chunni Lal before the sale deed of Petitioner. The shop of Petitioner is two sides open having two doors in Northern side opening in the disputed passage and one door in western opening on the main road. There is a recital in the sale-deed of Respondent No. 2 and his mother that the disputed passage in question is a thoroughfare meant for egress and ingress of the vendor.