PREM LATA Vs. DWARKA PARSAD

JUDGEMENT

(1.) Defendant No.1-Prem Lata has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India impugning order dated 11.08.2008 (Annexure P-5) passed by the trial Court thereby dismissing application (Annexure P-4) filed by defendant No.1 seeking permission to lead secondary evidence of Sanand Taqseem Arazi Matrooka dated 04.07.1949.

(2.) Defendant No.1 alleged in her application that vide Sanand dated 04.07.1949, suit land was allotted to Thakar Singh from whom defendants No.31 to 43 inherited the same and defendant No.1 has purchased the same from defendants No.31 to 43 vide registered sale deed dated 03.03.2004. Defendant No.1 claimed to be in a possession of photostat copy of Sanand dated 04.07.1949. It was alleged that on inquiry, defendants No.31 to 43 told the husband of defendant No.1 that the original Sanand had been lost. Defendant No.1 summoned concerned official from the office of Chief Settlement Commissioner with record of aforesaid Sanand, but after seeking adjournment, the official stated that the record was not traceable and was not in their office. In these circumstances, defendant No.1 had no alternative except to lead secondary evidence of the Sannad.

(3.) Respondent No.1/plaintiff filed reply and opposed the application on various grounds. Very existence of the alleged Sanand was denied. It was also alleged that an attempt was made to get mutation incorporated in revenue record in favour of defendants No.31 to 43 but the mutation could not be sanctioned.