BAHETI EDUCATION TRUST Vs. NEMARAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner-plaintiff seeking following reliefs:

(2.) Brief facts of the case are that the petitionerplaintiff filed a suit for declaration and permanent injunction before the District Judge, Jodhpur, which was later on transferred to the Court of Additional District Judge No.5, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') seeking reliefs of cancellation of sale deed executed by the respondent-defendant No.1 in favour of the respondent-defendant No.2 alleging that though the respondent-defendant No.1 executed an agreement on 28/6/2004 for sale of land in question in favour of petitioner-plaintiff but later on he transferred the said land in favour of the respondent-defendant No.2 vide registered sale deed dtd. 13/5/2005. It was alleged by the petitioner-plaintiff that the said transfer of land by the respondent-defendant No.1 in favour of respondentdefendant No.2 is Benami, therefore, the same be cancelled.

(3.) The respondent-defendants contested the suit denying the allegations that the transaction is Benami. On the basis of the pleadings of the party, the trial court framed as many as 13 issues, however, later on, one additional issue was framed and one issue was amended. The evidence of the parties was concluded and opportunity was awarded to the petitioner-plaintiff to lead rebuttal evidence. At this stage, the petitioner-plaintiff filed an application under Order XVI Rule 6 CPC with a prayer for summoning certain documents from the Income Tax Department pertaining to the proceedings initiated against respondent-defendant No.3, wherein the Income Tax Department has concluded that the sale deed executed by the respondent-defendant No.1 in favour of respondentdefendant No.2 is Benami and thereafter order of attachment of the property has also been passed by the Income Tax Authority. The said application filed by the petitioner-plaintiff came to be dismissed by the trial court vide order dtd. 3/2/2020 while observing that those documents are not at all relevant.