LAWS(P&H)-2013-7-1119

UPKAR SINGH Vs. HARPARKASH KAUR AND OTHERS

Decided On July 15, 2013
UPKAR SINGH Appellant
V/S
HARPARKASH KAUR AND OTHERS Respondents

JUDGEMENT

(1.) Instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 17.5.2013 (Annexure P-3) passed by Additional Civil Judge (Sr. Divn.), Sangrur whereby the evidence of the plaintiff/petitioner has been closed by court order.

(2.) Brief facts for disposal of the petition are that plaintiff/petitioner filed a suit for declaration to the effect that he is owner in possession of the agricultural land measuring 16 bighas 14 biswas pukhta comprised in khasra Nos.95/2-7, 96/3-18, 97/5-12, 98/4- 17 situated in the revenue estate of village Thalesh, Tehsil and District Sangrur and also owner in possession of a house measuring 0-15 marlas bearing No. B-13/575 situated in khasra No.1027/0-15 bounded as East: 67'-6" street; West: 67'-6" street; North 60' street; South 60' Maljiwan Singh situated within the municipal limits of Sangrur and sale deeds dated 27.3.2008 and 24.3.2008 regarding land measuring 16 bighas 14 biswas and house, as detailed above, respectively, are illegal, null, void, without consideration, non est and liable to set aside. Learned trial Court framed issues on 26.9.2008 and after availing numerous opportunities, the plaintiff/petitioner failed to lead his evidence, therefore, the evidence of the plaintiff/petitioner was closed by order on 17.5.2013.

(3.) I have heard learned counsel for the parties and perused the record.