2017 (4) TMI 1490

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....ence a document viz., Court Notice under Section 107/111 of The Code of Criminal Procedure, 1973 (in short Cr.P.C), dated 08.04.1987, issued by Sh. T.S. Bhalla, Special Executive Magistrate, South District, New Delhi. It is the case of applicant/appellant no-1 that he came across aforesaid document few days back, while carrying out substantial repair works at his premises i.e., Plot No. 310A, Chunna Bhati, Mathura Road, Badarpur, New Delhi. 4. It has been argued by applicant/appellant no-1 Counsel that from the aforesaid additional document it is evident of existence of old dispute amongst appellants and respondents pertaining to property in question. Ld. Counsel for applicant/appellant no-1 has relied upon :- 1)Billa Jagan Moha....

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....by them in their favour. Also has been submitted that the notices sought to be placed on M-61282/2016 Sh. Satya Prakash & Ors. Vs. Smt. Natho Devi Page 3 of 11 record do not otherwise pertain to the suit property, which is property No. 310 as is evident from the contents of the notice which bear the property no. 310 A. Further said notice had not been issued to the respondents herein, who established their ownership on the basis of registered Will in their favour executed by the actual admitted owner of the suit property Chelu Ram. No sufficient cause had been shown for not placing on record the document in question earlier as the same pertains to year 1987 which even otherwise has no bearing on the decision of this appeal and does not deci....

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.... 7. It is not the case of the applicant/appellant that the Trial Court ever refused to admit evidence which ought to have been admitted. Affidavit of applicant/appellant no-1 annexed with the application bears present age of applicant to be 53 years. As DW-1 before the Trial Court, applicant/appellant no-1 inter-alia testified that his date of birth was 08.07.1964 and that his father died in the year 1984. Suit for possession, recovery of damages/mesne profits was filed on 30.09.2000. Applicant/defendant no-1 filed the written statement on 14.09.2001 when he was of age of 37 years. The plea in defence in written statement had been that the defendants including appellant no-1/defendants were in possession of the suit property viz., the por....

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...., Badarpur, New Delhi. Written statement also nowhere describes the suit property to be bearing no. 310-A but instead there is no dispute to the number of suit property 310, described by plaintiffs in plaint. 9. Ld. Counsel for respondent relied upon Bharat Bhushan Jain & Anr. Vs. UOI & Ors., RSA-54/2002, decided on 14.07.2014 by Hon'ble Mr. Justice Valmiki J. Mehta, wherein, it was inter-alia held that in law, alternative and inconsistent stands can be raised but mutually destructive stands cannot be taken up in the pleadings. This is for the reason that pleadings have to be substantiated by evidence and once the appellants/plaintiffs take up plea of adverse possession and depose to the same, they are destroyed by their own evidence....

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.... therein, belatedly before the Trial Court. In the case of T. Anjanappa & Ors. (supra), the concept of adverse possession has been appreciated. In the case of AEG Carapiet (supra), inter-alia the facet of a party declining to avail opportunity to put essential and material case in cross-examination of the opponent has been dwelled. Similarly, in the case of Mst. Qaiser Jahan Begum (supra), inter-alia the established rule of evidence that a party should put to each of his opponent's witnesses so much of his case as concerns that particular witness, has been deliberated upon. 11. Application for now bringing on record the additional evidence viz. the document, the notice under Section 107/111 of The Code of Criminal Procedure, 1973 of ....