RAM SARUP Vs. SANT LAL

JUDGEMENT

(1.) THIS is a plaintiff's revision petition against the order passed by the trial Judge refusing permission to produce the registered sale-deed in evidence.

(2.) ON 16th November, 1961, Sant Lal, by a registered deed, sold agricultural land, measuring 3 Bighas, 16 Biswas, to Ram Sarup for Rs. 5000/- and possession of the same was given to the vendee. Subsequently, it appears that some defect in the title of the vendor was discovered and that matter was brought before the tehsildar, who, it is said, dispossessed the vendee from 2 Bighas, 15 Biswas, out of the land sold, because, according to him, Sant Lal was not its owner. The remaining land, i. e. 1 Bigha, 1 Biswa, remained with the vendee. That necessitated the filing of a suit by Ram Sarup in April 1968 against Sant Lal for the recovery of Rs. 3600/-, being the proportionate price of 2 Bighas, 15 Biswas, which had gone out of his possession, because the title of the vendor was defective. Along with the plaint, the plaintiff had in the list of reliance, filed under Order 7, rule 14, Code of Civil Procedure mentioned that the sale-deed dated 16th november, 1961, was in his possession and it would be produced in Court subsequently.

(3.) THE defendant filed his written statement and admitted the execution of the said registered sale-deed.