RAJEEV KHANNA URF RAJU Vs. SMT ANITA TRIPATHI

JUDGEMENT

(1.) The defendant-petitioner in the suit has challenged the order dated 18/08/2017 passed by the trial court whereby his application moved under Section 65 of the Evidence Act, 1872 for submitting secondary evidence in relation to the two documents for which his earlier application moved under Order 11 Rule 12 CPC was rejected, has also been rejected.

(2.) Case of the defendant-petitioner is that he was allotted a plot measuring 133.33 square yards by Shri Mahaveer Grah Nirman Sahkari Samiti Ltd. as Plot No.A-21-A. The plaintiff- respondent filed a suit pointing out that a plot measuring 233.33 square yards was allotted to her in 1989 by the said society marked as Plot No.A-21. The measurement and plan of the plot was also submitted. It was the case of the plaintiff-respondent that the defendant-petitioner had broken the boundary wall and had encroached upon her property.

(3.) In written statement, the defendant-petitioner came out with the submissions, as noted above.