MD. ANIS ANSARI Vs. MD. USHMAN @ UNUSH

JUDGEMENT

(1.) PRAYER in this writ application is for setting aside the order dated 20.02.2008 (Annexure -6), passed by the 6th Additional District Judge, Dhanbad in Title Appeal No. 10 of 2006, whereby the petitioners prayer for allowing him to adduce additional evidence under Order 41 Rule 27 of the Code of Civil Procedure, has been rejected.

(2.) THE petitioner was the defendant No. 2 in the Title (Partition) Suit No. 28 of 1996 filed by the Respondent No. 1/plaintiff seeking relief for a decree for delivery of the partition and separate possession of his two -thirds share in the land and the property mentioned in the schedule of plaint.

(3.) THE main ground advanced by the petitioner/appellant in the aforesaid Title Appeal was that the learned trial court did not consider the fact that the very identity of the property mentioned in the Schedule of the plaint was in dispute and that the description of the property as given by the plaintiff does not correspond with the entries in the Khatiyan. The grievance of the appellant, as raised in his appeal was that despite the fact that the copy of the Khatiyan was filed by the plaintiff but the learned trial court did not venture to adduce the same in evidence in the suit nor did the trial court accept the same as part of the evidence. According to the petitioner, the Khatiyan pertaining to Khewat No. 4, has been recorded in the name of one Kokil Bouri and the Khata No. 29 does not fall within the Khewat No. 4. On the other hand, the lands in Khewat No. 8 under Khata No. 29 stands recorded jointly in the name of Bhushan Dhobi, Panu Dhobi and others having equal shares. It is further contended that though the petitioner had obtained the certified copy of the Khatiyan of Khewat No. 8 but the learned trial court did not admit the same in evidence though the certified copy of the Khatiyan being a public document it ought to have been marked as Exhibit in evidence. Demanding that the aforesaid certified copy of the Khatiyan pertaining to Khewat No. 8, is relevant and important document, which would be necessary for proper adjudication of the dispute, the petitioner had prayed before the court below to admit the same in evidence.