TOTA RAM Vs. DEEP CHAND

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the judgment dated 8.12.1983 passed by the Additional District Judge, Deeg, District Bharatpur who thereby reversed the judgment and decree dated 26.6.1978 passed by the Munsiff Magistrate, Deeg with direction to the learned Munsiff Magistrate to return the plaint to the plaintiff for presenting the same before the competent court of jurisdiction. The Munsiff Magistrate had decreed the suit filed by the plaintiff against the defendant -respondents restraining them by perpetual injunction from interfering with the possession of the plaintiff and directed by mandatory injunction to demolish the wall constructed over the disputed land. According to the plaintiff -Lochi Ram, he was recorded as gair -khatedar of the land of khasra No. 484 measuring 18 biswas. The disputed land was part of that land, whereas the name of the defendants was recorded as gair -khatedar in the land of khasra No. 483. The defendants by making encroachment into the land of the plaintiff in khasra No. 484 have constructed a 50' long and 5' high wall indicated as 'X' to 'Y' in the map enclosed with the plaint between 26.1.1970 to 29.1.1970. The trial court upholding the contention of the plaintiff decreed the suit whereas the appellate court reversed that judgment holding that the defendants have not made encroachment over the land of the plaintiff and also that the civil court would have no jurisdiction to entertain the suit pertaining to a revenue dispute and that only revenue court would be competent to decide such matter. The appeal was admitted for hearing on 1.10.1985 on the basis of separately proposed questions of law on 30.11.1984:

(2.) WHETHER the lower court was right in rejecting the site inspection note of Munsif which was used only for appreciating the evidence of parties?

(3.) WHETHER adverse inference against the appellant could be raised for non -production of partition deed when it was not relevant for decision of case?