GURU DAYAL KAMAR Vs. MULIA MAHATAIN

JUDGEMENT

(1.) The petitioner is aggrieved of order dated 03.07.2013 passed in Title Suit No.84 of 2005 by which the trial court has directed him to prove sale-deed dated 18.01.1972.

(2.) The petitioner is defendant no.1 in Title Suit No.84 of 2005. The suit was instituted by Mulia Mahatain and others for a decree for declaration of their title and confirmation of their possession over schedule-B lands and for a decree of declaration that sale-deed dated 06.07.1980 is void and ineffective in respect of 12 decimals lands comprised under Khata No.46 within plot no.413 at Mauza- Paliadih. It is an admitted position that in the suit reference of sale-deed dated 18.01.1972 has come for the first time in the evidence of Nanu Kumar who was examined as DW-3 by the defendants in the suit. At this stage an application dated 19.04.2012 was filed by the defendants for taking sale-deed dated 18.01.1972 on record.

(3.) Plea taken by the defendants is that sale-deed dated 18.01.1972 is a registered document more than 30 years old which does not require proof. It appears that objecting to the petition dated 19.04.2012 filed by the defendants, the plaintiffs have taken a plea that besides no reason disclosed by the defendants for not producing this document at the initial stage during his cross-examination DW-3 has failed to depose the name of the vendor, attesting witnesses and other material facts.