SANAULLAH Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 24.9.2012 in Title Suit No. 117/2010, the present writ petition has been filed. The petitioner is plaintiff in Title Suit No. 117/2010. The respondent No. 2, who is defendant in the suit, filed a written statement asserting a claim over the suit schedule property by virtue of sale -deed dated 21.8.1944 executed by Md. Badruddin and Md. Sharfuddin in his favour. However, only a certified copy of sale -deed dated 21.8.1944 was filed by the defendant. The plaintiff filed application dated 4.7.2012 under Order IX (sic - - XI?) Rules 12 & 14 CPC seeking a direction upon the defendant to produce the original sale -deed dated 21.8.1944. The said application has been dismissed by the impugned order dated 24.9.2012.

(2.) The learned counsel for the petitioner submits that in terms of Order VIII, Rule 1 -A CPC, the defendant must file the original copy of sale -deed dated 21.8.1944 however, the Trial Court has erroneously rejected the application seeking such direction upon the defendant.

(3.) I find that the defendant through the written statement set up a claim over the suit property. The defendant claimed that the suit property was sold to one Sk. Jumman Mian by the father of the plaintiff through sale -deed dated 21.8.1944. The defendant purchased the suit property from the son of Late Sk. Jumman Mian in the year 1996 and since then he is in continuous and peaceful possession over the same. The defendant filed certified copy of sale -deed dated 21.8.1944 asserting that the original sale -deed is not in his custody. The defendant after obtaining certified copy of sale -deed dated 21.8.1944 from the Office of the District Sub -Registrar, Ranchi, filed the same in Title Suit No. 117/2010.