LAWS(TRIP)-2016-4-36

TARANI KANTA MAJUMDER; SATISH MAJUMDER Vs. NITA RANI MAJUMDER

Decided On April 04, 2016
Tarani Kanta Majumder; Satish Majumder Appellant
V/S
Nita Rani Majumder Respondents

JUDGEMENT

(1.) By means of this petition the petitioners challenged the order dated 11.01.2012 whereby the application filed by the petitioners for placing and producing on record copy of the letter dated 07.10.2011 issued by the State Public Information Officer, the authenticated copy of the orders dated 25.06.2011, 29.07.2011, 19.08.2011 and 26.08.2011 issued by the State Public Information Officer, authenticated copy of Inquiry Report of S. Singh, DCM, Udaipur and an authenticated copy of Enquiry Report of Revenue Inspector, SDMs Office, Udaipur, South Tripura has been rejected.

(2.) It would be pertinent to mention that by the same order the request of the defendants permitting them to submit the final order/judgment delivered by the ADM on 26.08.2011 to be admitted in evidence has also been rejected. However, after rejecting both these applications, in the application filed by the defendants under Order VII, Rule 14(3) read with Section 151 CPC and Section 43 of the Evidence Act to grant leave of the Court to file some other documents the date has been given. I fail to understand what was the purpose of giving the date when the application for production of the documents itself had been rejected. The said application could also have been rejected by the same order.

(3.) Be that as it may, the fact of the matter is that the case of the plaintiff-petitioners is that they are in adverse possession of the property. They have also by means of this suit challenged the order passed in proceedings under TLR and LR Act wherein correction to the revenue entry has been made and the entry showing them to be in adverse possession have been changed.