RATTANJEET SINGH Vs. SUDHA KHERA

JUDGEMENT

(1.) The plaintiff No. 1 has filed the revision against the order dated 5 9.2008 passed by the learngd Civil Judge (Jr. Division) Court No. 3, Shimla in case No. 88-1 of 2003 rejecting the application of plaintiff under Order 7 Rule 14 (3) read with Section 151 C.P.C. for placing some documents on record and summoning some witnesses. Trie petitioner has filed CMP No. 639 of 2009 for converting the Civil Revision into petition under Article 227 of the Constitution of India. The revision is being disposed of without going into the question of maintainability, therefore, CMP No. 639 of 2009 requires no order and is disposed of accordingly.

(2.) The facts, in brief, are that petitioner and proforma respondent No. 4 have filed a suit for possession of land measuring 20.06 sq. meters comprised in Khasra No. 382, Chepsley Estate, Up-Mohal Lakkar Bazar, Tehsil and District Shimla on the grounds that respondents No. 1 to 3 have encroached the said land. In addition to possession, a prayer for recovery of Rs. 14,000/- as use and occupation charges at the rate of Rs. 200/- per day from the date of the institution of suit till delivery of possession has also been made.

(3.) It is the case of the petitioner that petitioner and proforma respondent No. 4 had sold two plots to Rajeev Khera, predecessor-in-interest of respondents, one plot measuring 113.7 sq. yards comprised in khasra Nos. 783/432/F and another plot measuring 26 sq. yards comprised in Khasra No. 483/432/Z as per tatima through separate sale deeds dated 1.11.1975 and 7.6.1976, respectively and respondents had raised construction covering the entire land which was purchased from the petitioner and proforma respondent No. 4.