BHAGWAN DEVI Vs. RAMJI DASS

JUDGEMENT

(1.) This is defendant's Regular Second Appeal.

(2.) Ramji Dass, plaintiff, filed a suit for permanent injunction against defendant, Bhagwan Devi and others on the ground that he is in cultivating possession of the land in dispute since long as "dholidar". Apprehending Ant defendant Bhagwan Devi may not dispossess him forcibly with the help of other defendants, the plaintiff filed a suit for permanent in junction against the defendants for restraining them from interfering in his possession. The suit was contested by defendant Bhagwan Devi, who denied the status of the plaintiff as "dholidar". Defendant Bhagwan Devi claimed that the plaintiff is not in possession of the suit land. On the pleadings of the parties, the trial Court framed the following issues :

(3.) Learned counsel for the appellant-defendant has contended that the learned first appellate Court Was not justified in law in dismissing the application under Order 41, rule 27, Code of Civil Procedure. He further contended that the proposed evidence sought to be adduced by the defendant clearly shows that the plaintiff is not in possession of the suit land. On the other hand, the learned counsel for the respondent plaintiff submitted that the evidence proposed to be led by the defendant came into existence only during the pendency -of suit so as to deprive the plaintiff of his right to remain in possession of the suit land as "dholidar".