Shree Chandrashekhar, J. - (1.) The petitioner, who is plaintiff in Title Suit No.55 of 2002, is aggrieved of order dated 09.01.2007 passed in Title Appeal No.72 of 2005 by which his application for producing the original settlement documents as additional evidence has been declined.
(2.) Title Suit No.55 of 2002 was instituted for a decree for declaration of the plaintiff's right, title, interest and possession over the suit lands and for a decree for declaration of confirmation of his possession over the suit lands. He has pleaded that the lands comprised under Khata no.1, Plot nos.28 and 30 of Khewat No.8 were originally recorded as Bakast Lagan Panewala of Samilat Malikan. One Radha Bihari Lal, the then landlord was in exclusive possession over the said land which, before vesting of zamindari were settled in favour of Govind Sao - father of the plaintiff who died in the year 1994 and thereafter the plaintiff came in peaceful possession over the suit land. The defendants contested the suit by filing written statement pleading that the suit is barred under section 91 of the CNT Act, 1908, however, genealogy of the parties described by the plaintiff was admitted by the defendants. Settlement by the ex-landlord in favour of father of the petitioner was disputed by the defendants.
(3.) The suit was decreed in part declaring right, title and interest of the plaintiff over 46.2/3 decimals land comprised under Plot no.30, Khewat No.8. The plaintiff has now filed Title Appeal No.72 of 2005 challenging the judgment and decree in Title Suit No.55 of 2002. In the pending appeal he has filed an application for adducing original settlement documents which according to him were handed over to the defendants but not returned to him and finally found when a fire broke-out in the defendants' house. This application has been dismissed by the appellate court.;