TARSEEM PAL Vs. RATTAN WAZIR

JUDGEMENT

(1.) Petitioners have questioned order dated 04.12.2010 passed by Additional District Judge, Jammu, whereby application seeking permission to place on record copy of notice, which is alleged to have been issued by the Evacuee Department, came to be dismissed, on the grounds taken in the memo of revision petition.

(2.) A suit for possession and recovery of rent was decreed in favour of plaintiff and against the defendants. Defendants/appellants/petitioners herein have questioned the said judgment and decree by the medium of appeal, which is pending in the Court of Additional District Judge, Jammu.

(3.) During the pendency of appeal, appellants/petitioners herein have moved an application for permission to place on record copy of notice, alleged to have been issued by the Evacuee Department, on the grounds taken in the application. The appellate court after hearing learned counsel for the parties dismissed the application and held that the appellants have not carved out a case for passing appropriate orders in terms of Order 41 Rule 27 of Code of Civil Procedure (for short, CPC) and also held that the issue involved in the main suit was whether the relation of landlord and tenant existed between the parties, which was decided in favour of plaintiff and against the defendants.