Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 16.02.2010, Annexure P1 vide which learned trial Court has declined request of Petitioner -Plaintiff to examine handwriting and fingerprint expert to compare the signatures of Gurdial Singh, a witness on disputed agreement to sell dated 02.06.1983 with specimen signatures on a registered Will dated 05.02.1992 in favour of his sons, in order to disprove execution of agreement to sell of Bela Singh as set up by Respondents -Defendants.
(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. Facts relevant for the decision of the present revision petition are that, present Petitioner Plaintiff alongwith proforma Respondents filed a suit for possession of land measuring 40 Kanals 13 Marlas on the ground that their predecessor -in -interest, namely, Bela Singh was allotted this land by provincial Government who was an Ex -serviceman, in lieu of services rendered by him in the Army. The possession of the land was also delivered to him. Bela Singh had inducted contesting Respondents as tenants in the said land. After death of Bela Singh, contesting Respondents stopped paying rent to Plaintiffs and hence, present Petitioner alongwith his brothers filed an application for their ejectment in the Court of Assistant Collector First Grade, Ajnala in which they denied the relationship of landlord and tenants between Bela Singh and themselves. Thereafter, the present suit was filed by present Petitioner and his brothers for possession of the said land. In the written statement filed by contesting Respondents they had taken the plea that on 02.06.1983 Bela Singh executed an agreement to sell the land in dispute in their favour for a consideration of Rs. 60,000/ - out of which he received Rs. 40,000/ - as earnest money and he also delivered the possession of the said land to them in pursuance to the said agreement and hence, plea has been taken that they are having right to protect their possession under Section 53 -A of the Transfer of Property Act. On pleadings of the parties the following issues were framed by learned trial Court: 1. Whether the suit land is allotted to Bela Singh son of Maghar Singh?OPP 2. Whether Plaintiff and Defendants No. 5 and 6 are the legal heirs of Bela Singh? 3. Whether Plaintiffs are owners of the suit land? OPP
(3.) WHETHER Defendant No. 1 to 4 were inducted as a tenant in the suit land by Bela Singh? OPP;