RAJENDRA Vs. LEGAL HEIRS OF LATE LAXMI NARAYAN

JUDGEMENT

(1.) Though the matter had been listed in the 'Fresh' category, at the joint request of both the parties, the matter is heard finally today itself.

(2.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India, challenging the order passed by learned Additional District and Sessions Judge, Suratgarh ('Trial Court') dtd. 11/1/2024 (Annex.8) whereby the application preferred by the petitioner under Sec. 65 of the Indian Evidence Act, 1872 ('Evidence Act') has been dismissed. The petitioner has also prayed that the compromise dtd. 27/1/2014 (Annex.5) may be allowed to be admissible as secondary evidence in accordance with the law. Certain other ancillary relief(s) have also been sought by the petitioner.

(3.) Briefly stated, the facts of this petition are that one late Hukma Ram, during his lifetime, was holding the possession of a patta, issued by the State Council of Bikaner for the land admeasuring 2755 square yards dtd. 15/7/1912 and had also constructed a house on the said disputed land. After the death of Late Hukma Ram, the parties to the suit (Annex.1), being the legal heirs, got their succession rights and are in the possession of the said land, since the past thirty years.