UDE PAUL Vs. SUBHASH AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside the impugned order dated 17.03.2011 passed by Additional District Judge, Sirsa whereby the application for withdrawal of appeal was allowed but liberty was not granted to file a fresh suit for declaration on new legal grounds as well as grounds already taken.

(2.) Relevant facts of the case; petitioner had earlier filed a suit for declaration on the ground that he is the owner in possession of the suit land and the entries in the revenue record relating to the said suit land are incorrect. Plea was taken by the petitioner that originally predecessor of the parties had an estate namely Patti Raju Nehrana, Tehsil and District Sirsa. Land owners of Patti Raju Nehrana, Tehsil and District Sirsa used this land for mutual benefits of the land owners and the same was never used for common purpose of the village. Petitioner had been cultivating the suit land since 05.11.1985 and the possession of the plaintiff over the suit land was continuous, peaceful and without payment of rent etc. qua other land owners of Patti. That way, the rights of possession ripened into ownership rights on the basis of adverse possession.

(3.) Respondent contested the suit. However, the Court below dismissed the said suit. Appeal was preferred before the first Appellate Court. During the pendency of the appeal an application was also filed for additional evidence under Order 41 Rule 27 CPC and subsequently present petition moved.