BALWANT KAUR ALIAS BANT KAUR Vs. BHAN SINGH

JUDGEMENT

(1.) This is an application under Order 41, Rule 27 of the Civil Procedure Code for production of additional evidence in the shape of registered sale deeds dated 15.7.1980, 7.3.1989 and 8.3.1989 and a copy of the jamabandi for the year 1984-85. It has been averred in the application that the factum of the aforementioned sale deeds came to the knowledge of the applicants on 10.9.1990 when they obtained the certified copy of the jamabandi for the year 1984-85 from Halka Patwari, Sunam. Notice of the application was given to counsel for the appellants who has not filed any reply to the application despite opportunities having been granted to him to file the reply. Mr. Singla, has again requested for granting an opportunity to file the reply. Normally this Court grants an opportunity to file the reply, but this Court is not inclined to grant the same, because the additional evidence which the applicants want to produce is in the shape of registered sale deeds, the authenticity of which cannot be doubted. Since all the sale deeds have been executed and registered during the pendency of the suit, and particularly two sale deeds during the pendency of the second appeal, the same should ordinarily be allowed as the execution has taken place during the pendency of the litigation. Even otherwise, the product of the sale deeds would enable the Court to pronounce the judgment in a better manner. The production of the documentary evidence appears to be very necessary in the present case because the case of the applicants/respondents is that in view of the sale deeds having been executed by the appellant, she has ceased to be the owner of entire land owned by her.

(2.) For the reasons recorded above, I allow the present application and direct the Appellate Court under Order 41, Rule 28 of the Civil Procedure Code to take additional evidence and to send the same to this Court. The Appellate Court will record the evidence and send the same to this Court without any loss of time and maximum within a period of three months from today. The appellants would be given a reasonable opportunity for producing the evidence in rebuttal. The jurisdiction of the Appellate Court would be limited only to the recording of the evidence of sale deeds and jamabandi mentioned above coupled with any oral evidence concerning the aforementioned documentary evidence. The file of the case along with a copy of the order be despatched to the Appellate Court forthwith. At this stage, the counsel for the respondents has brought to the notice of this Court that the appellants are interfering in the possession of the respondents who are in physical possession of the disputed land. The appellants are the vendees who have derived the title from Buta Singh one of the co-shares in the 1972 and, therefore, they deserve to protect their possession even if police help is to be granted.

(3.) The parties through their counsel are directed to appear before the Appellate Court on 6.1.1992.