KHAZIR GANAI Vs. MOHAMMAD RAFIQ GANAI AND ORS.

JUDGEMENT

(1.) Vide order dated 04.04.2012, passed by the Court of Sub Judge(Chief Judicial Magistrate), Sopore, application filed by the petitioner (hereinafter referred to as the plaintiff) for placing on record the sale deed executed on 20.06.2006 and registered on 21.07.2006, has been rejected. Having no other remedy of revision or appeal, instant petition has been filed seeking quashment of the said order.

(2.) Plaintiff has purchased 10 marlas of land covered by survey No.10 situated at Dangerpora from one Mohammad Rafiq Ganai S/O Mohammad Sultan Ganai-respondent No.1 (defendant), pursuant to agreement to sell, as such, has been in possession of the same. When his possession over the land was attempted to be interfered with by the respondents(hereinafter referred to as the defendants), he filed a suit for declaration so as to declare him as owner of the land, furthermore to permanently restrain the defendants from causing interference.

(3.) The suit has been instituted on 14.11.1998. The listed witnesses of the plaintiff were being summoned. In the meanwhile, on 16th March, 2009, an application has been filed for taking on record document i.e. sale deed which has been executed on 20.06.2006 in pursuance to the terms of agreement to sell. The said application has been resisted by the defendants on the ground that the document of sale deed has been executed during the pendency of the suit. The plaintiff had failed to produce the document as was permissible in terms of Order XIII Rule 2 of CPC. The document could be produced at later stage but for that there shall be some valid legal reason which is not forthcoming from the text of the application.