JETHI Vs. RAMAN LAL

JUDGEMENT

(1.) THIS is a petition in revision directed against the order of the District Judge, Bikaner, dated August 1, 1974 where by he recast issue No. 11 and sent the case back to the trial court for recording evidence of the parties on the recast issue No. 11 and give its finding thereon within three months.

(2.) THE suit, out of which this revision petition arises, was filed by the petitioner Smt. Jethi for poraession of a house. She alleged that she was the owner of one -ninth share in the house. She claimed the possession of remaining eighth ninth share by way of pre -emption The suit was contested by Inder Chand who had purchased the house from Shankerlal son of Gangadas. According to the contesting defendant, the house exclusively belonged to Gangadas and he transferred it by 'tamliknama' or deed of settlement dated January 18, 1955. This 'tamliknama' was got registered on January 20, 1955,

(3.) THE trial court, after evidence, held that 'tamliknama' was not quit proved inasmuch as none of the two attesting witnesses was produced in evidence as required under Section 68 of the Evidence Act. The trial court, on consideration of the evidence, decreed the suit.