AMANULLA Vs. KISTOOR CHAND

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Revenue Appellate Authority, Kota, dated 29-6-1965, under which the Revenue Appellate Authority had set aside the order of the trial court and remanded the case for taking evidence in respect of some documents which were produced in the appellate court. These documents were copy of Khata St. 1996 to 1999, copy of jamadandi St. 2012to2015, copy of register of mutation No. 1940, copy of Khata No. 199 St. 1996 to 1999, and application in original made by Kastoor Chand dated 28-7-1965 The learned Revenue Appellate Authority observed that he considered it necessary that the case should be reinvestigated. Furthermore, he stated that the counsel for the respondent had objected to the admissibility of those documents, but as they were copies of the public documents, they could not easily be fabricated and he thought it proper in the interest of justice that they should be brought on record.

(2.) A preliminary objection was raised by the counsel for the respondents alleging that as no objection had been taken in the first court of appeal to the admissibility of this evidence, the same could not be taken now. This, however, is not borne out by the record as would be clear from the judgment of the Revenue Appellate Authority, wherein he has clearly stated that the counsel for the appellant had raised an objection to the admission of this evidence.