SHASHI BALA Vs. SHASHI KUMAR

JUDGEMENT

(1.) The petitioner, who is defendant before the learned trial Court, has laid challenge to the order dtd. 8/11/2024, passed by the learned Senior Civil Judge, Nurpur, District Kangra, H.P., in CMA No.714/2024, in Civil Suit No.19/2014, titled, Shashi Kumar vs. Shashi Bala, whereby the application filed by her to produce additional evidence, was rejected.

(2.) The facts, which emerge from case file are that the respondent/plaintiff has filed a suit for vacant possession of the suit land in the year 2014, on the plea that he is a co-sharer/co- owner of the land comprised in Khata No.436, Katauni No.540, Khasra No.26, measuring 30-45 sq. meters situated in UP Mohal Rampuri, Mauza Nurpur Town, Tehsil Nurpur, District Kangra, H.P., as per Jamabandi for the year 2007-08. It has been averred that co-owner Deepak alias Deepak Sehgal had sold his entire half share in the suit land detailed above, vide registered sale deed to one Rakesh Kumar S/o Hans Raj and Naresh Kumar S/o Parkash Chand, both residents of Ward No.2, Nurpur Town, Tehsil Nurpur, District Kangra, H.P. Besides this, one Rakesh alias Vijay, S/o Mehar Chand, who had purchased a share, is also a co-sharer in the joint khata and the land mentioned above is jointly owned by the plaintiff, Rakesh Kumar, S/o Sh. Hans Raj, Naresh Kumar, S/o Parkash Chand and Rakesh Kumar alias Vijay. The petitioner, is neither a co-owner in the suit property nor has got any legal right to retain illegal and unauthorized possession of the suit land.

(3.) The petitioner filed the written statement to the Civil Suit and took preliminary objections qua maintainability, cause of action, locus standi etc. It was averred that she is in lawful possession of the suit land and one Sh. Deepak Sehgal, S/o Sh. Kishori Lal Sehgal had entered into an agreement for sale of the suit land on 25/6/1997 for a total consideration of Rs.20,000.00, which was duly received by said Deepak Sehgal, who was owner and in exclusive possession of the suit land and had right to enter into an agreement for sale of the suit land. The possession of the suit land was also delivered on the same date to the petitioner and since then, she is in lawful and permissible possession, as per agreement dtd. 25/6/1997.