TILAK RAJ Vs. JANAK RAJ

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned trial Court dated 4. 1. 1997. An application filed by the plaintiff-appellant for permission to lead secondary evidence Under Section 65 of the Indian Evidence Act was allowed and has been impugned in this revision by the defendant in the suit.

(2.) THE facts are that plaintiff and defendant are related to each other, all being heirs of late Haveli Ram. The Punjab Bhoodan Yojna Board was admittedly the owner of the land measuring 32 Kanals 18 Marlas in village Kheowal and the house located thereupon. The Board had granted tenancy rights to deceased Haveli Ram. The copy of the grant deed as well as Jamabandi for the year 1992-93 has been placed on record. During the life time Haveli Ram and sons are stated to be cultivating the entire land. Janak Raj, on the strength of an agreement dated 14. 9. 1990, the copy of which was annexed to the plaint, brought a suit for declaration and injunction to the effect that the defendant No. 1 be restrained from transferring or alienating the part of the property except more than the share in the property in dispute.

(3.) THE application was opposed on the ground that it is a false and fabricated document and the entire story put forward by the applicant was a concocted one and devoid of any truth. The application was allowed by the learned trial Court while relying upon the judgment of this Court in the case Raj Kumar v. Lal Chand, 1994 (1) Civil Court Cases, 477.