SHIV RATAN GUPTA Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS writ petition has been filed by the plaintiff Shiv Ratan Gupta against the order dtd.24.2.2009 passed by the learned Dist. Judge, Balotra in Appeal No.3/1996 ­ Shiv Ratan Gupta V/s Ram Gopal whereby the appellate court rejected the application udner Order 41 Rule 27 C.P.C. filed by the plaintiffs along with which the plaintiffs ­ appellants filed agreement dtd.8.5.1968 by which he could establish his landlord ­ tenant relationship with the defendant Ramgopal.

(2.) THE case appears to be arising between the close relatives Sunder Devi and Achuki Devi being daughters of original owner Meghraj are now represented by Shiv Ratan adopted son of Sunder Devi and Sita Ram adopted son of Achuki Devi, as both of them, daughters of Meghraj died issueless. Both these adopted son filed the present eviction suit against Ram Gopal. The defendant Ram Gopal claimed to be adopted son of Meghraj himself.

(3.) DURING the pendency of the appeal, the plaintiffs wanted to produce the said document viz. Agreement dtd.8.5.1968 with a request to take the same on record and urged that before the learned trial Court below the said document was to be produced as Ex.D/2 with the list of documents given by the defendant Ram Gopal himself in his written statement. With the help of the said document, the plaintiffs could establish their landlord-tenant relationship and therefore, the said document was relevant to the controversy in hand and the same deserves to be taken on record. The plaintiffs also referred to earlier criminal trial in the FIR filed by Shivratan and Sita Ram against Ramgopal, which ultimately resulted in his acquittal on the basis of said document dtd.8.5.1968 itself and therefore, the plaintiffs claimed that the said document was of relevance and was admitted by Ram Gopal and deserved to be taken on record. However, the learned appellate Court by impugned order dtd.24.10.2009 has rejected the said application under Order 41 Rule 27 C.P.C..