- (1.) By this common order, I am disposing of two revision petitions i.e. Civil Revision No.1281 of 2012 and Civil Revision No.1307 of 2012, both titled Arya Pratinidhi Sabha Haryana, Dayanand Math, Rohtak versus Gurukul Indra Prastha Praband Samiti, Sarai Khawaja, District Faridabad as both revision petitions have arisen out of single suit instituted by respondent against the petitioner. Respondent-plaintiff has alleged that it is in possession of the suit land on the basis of two registered lease deeds dated 17.03.1982. Accordingly, plaintiff sought permanent injunction against dispossession of the plaintiff from the suit land forcibly. Defendant inter alia pleaded that alleged lessees under the aforesaid lease deeds have surrendered the lease hold rights vide registered relinquishment deed dated 20.02.1986.
(2.) The plaintiff proved the aforesaid lease deeds Exhibits P-3 and P-4 by examining PW-1 Satbir Singh, Reader to Tehsildar/Sub-Registrar. When these documents were admitted in evidence, defendant raised objection to the same. The objections were kept open. Defendant moved application for rejecting the aforesaid documents out of evidence. Learned trial Court vide impugned order dated 19.01.2012 Annexure P-1, which is under challenge in CR No.1307 of 2012, dismissed the aforesaid application of defendant observing that defendant's objections regarding the said documents can be considered only while deciding the suit finally.
(3.) Defendant also moved another application in the trial Court objecting to examination of certain witnesses by the plaintiff in rebuttal evidence. Witnesses sought to be examined are Narayan Singh executant of the aforesaid lease deeds and also handwriting expert, besides record keeper of the Courts and Clerk of an Advocate. The defendant alleged that these witnesses cannot be examined in rebuttal evidence because onus of issue No.2 was on the plaintiff and therefore, the aforesaid evidence should have been led in affirmative to prove the alleged lease deeds dated 17.03.1982. The said application has also been dismissed by learned trial Court vide impugned order dated 19.01.2012 Annexure P-1, which is under challenge in CR No.1281 of 2012.;