VIDYA SAGAR SOOD Vs. AMAR CHAND

JUDGEMENT

(1.) This Revision petition is directed against the order dated 16th July, passed by the Senior Sub-Judge, Kinnaur at Rekong Peo, whereby the application of the petitioner-defendant for sending the documents Ex.D-2 to Ex.D-6, Ex.D -8, and Ex. D-10 and Ex. D-12 to Ex. D-15 to the Finger Prints Expert was rejected.

(2.) The petitioner was defendant No. 1 in a suit filed by plaintiff- respondent No. 2 against the petitioner and defendant-respondent No. 1. The suit is for declaration that plaintiff-respondent No. 2 has a natural right over the land comprised in Khasra No. 347/1 measuring 0-60-19 - Hectares situated in Mohal Rekong Peo, Tehsil Kalpa, District Kinnaur and also for consequential relief of permanent prohibitory injunction restraining the present petitioner-defendant and defendant respondent No. 2 from digging the said land and removing earth and boulders therefrom.

(3.) The defendant-respondent No. 1 in his written statement has admitted the claim of the plaintiff- respondent No. 2 that it was agreed between the to leave one meter area in between the building of Plaintiiff-respondent No. 2 and the suit land as set back but he has denied rest of the allegations made in the plaint. On the other hand, the petitioner defendant in his written statement has denied the claim of the plaintiff-respondent No. 2 in respect of such agreement and also the allegations of digging the suit land which had caused any damage to the building of plaintiff-respondent No. 2 According to the petitioner-defendant he had only removed the debris thrown on the suit land by plaintiff-respondent No. 2 at the time when he constructed his building and has submitted that he is entitled to the expenditure and damage suffered by him for doing so. He has claimed that he has been occupying the hut/house built over the suit land where, he, is drying his business.