AJIT SINGH Vs. KALIA ALIAS KALI RAM

JUDGEMENT

(1.) DEFENDANT no.1-Ajit Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 30.05.2013 passed by trial Court thereby dismissing application Annexure P-2 filed by defendant no.1-petitioner for additional evidence. Respondent no.1-plaintiff Kalia @ Kali Ram has filed suit for preemption of suit land purchased by defendant no.1-petitioner from defendant no.2-vendor, on the ground of being tenant over the suit land.

(2.) DEFENDANT no.1 in application Annexure P-2 alleged that according to plaintiff's own version, his father Baru was previously tenant over the suit property and on his death, the plaintiff inherited the tenancy, but defendant no.1 has now learnt that Baru had disinherited the plaintiff from his entire property including tenancy rights vide registered Will dated 27/29.02.1980. Accordingly, the petitioner sought permission to produce and prove the said Will by way of additional evidence.

(3.) LEARNED trial Court vide impugned order Annexure P-1 has dismissed application Annexure P-2 moved by defendant no.1, who has, therefore, filed this revision petition to challenge the said order. I have heard learned counsel for the petitioner and perused the case file.