KANWALJIT SINGH AHLUWALIA,J. - (1.) Present petition has been filed under Article 227 of the Constitution of India to assail the order dated 7.5.2007 (Annx.5) passed by the Civil Judge (Jr. Div.), Bassi (Jaipur) in Civil Suit No. 26/1997, Ram Kishore v. Roop Narain and Anr.
(2.) Counsel for the petitioner has submitted that the petitioner being plaintiff had filed a suit for permanent injunction against the defendants No. 1 and 2. Counsel further submits that the trial court after conclusion of pleadings had drawn following issues:- ...[VERNACULAR TEXT OMITTED]...
(3.) It is submitted by the counsel for the petitioner that qua issues No. 3, 4 and 5 onus was upon the defendants to prove these issues. Counsel has submitted that the defendants led evidence to prove issues No. 3, 4 and 5. Counsel has submitted that issue No. 4 is very specific. By way of issue No. 4, defendants have been called upon to prove whether as per Para-1 of the written statement, they are in actual physical possession of the demised premises or not. Counsel has submitted that the plaintiff-petitioner has produced affidavit of Madho Lal Sarpanch (Annx.1) to say that the plaintiff-petitioner is having possession over the demised premises. Counsel for the petitioner has further submitted that Shiv Ram Singh Sihag another witness whose affidavit (Annx.2) has been submitted had acted as a local commissioner and had inspected the spot. Counsel has submitted that both the witnesses were necessary to rebut the evidence led by the defendants. According to the counsel for the petitioner, grave error has been committed by the court below to deny opportunity of rebuttal to the petitioner.;