CR 5207 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. CR 5207 of 2011 (O&M) Date of decision:- 23.1.2012 Smt. Labh Kaur Petitioner vs. Gurmajor Singh and ors Respondent Present: Mr. M.S.Rakkar, Sr.Adovcate with Mr. AGS Dhillon, Adovcate. Mr. AS Bhangoo, Advocate. M.M.S.BEDI,J. Vide impugned order dated 18.8.2011, the trial court has dismissed the application of the defendant- petitioner to produce on record Jamabandies, Mutations and registered Will as additional evidence. With the assistance of counsel for the petitioner, I have gone through the pleadings and the controversy pertaining to 31 kanal 11 marlas of land in dispute, regarding which property Pritam Kaur, sister of Sunder Singh had sought a declaration that she was owner in possession of half share in the said agricultural land measuring 31 kanal 11 marlas, besides seeking a declaration that decree dated 18.3.1986 obtained by Raghbir Singh and Labh Kaur, determining the rights of the parties in half share of the land in dispute, is not binding upon her. Counsel for the respondents has contended that the Will, which is sought to be produced on the record, was executed by Sunder Singh, brother of Pritam Kaur in favour of Raghbir Singh etc. It has been argued by counsel for the respondents that jamabandies and mutations, which are sought to be produced on the record, are absolutely irrelevant for CR 5207 of 2011 2 the adjudication of the controversy as these contain the entires on the basis of the Will of Sunder Singh. After hearing learned counsel for the parties, I am of the considered opinion that the revenue record in the shape of jamabandies and mutations, can be permitted to be taken on record without expression of any opinion regarding their relevance for the purpose of final adjudication but the Will, which is neither subject matter of the pleadings nor having been relied upon earlier, cannot be permitted to be produced on the record as additional evidence. Accordingly,. The petition is allowed only to the extent that the petitioner will be entitled to produce on record jamabandies from 1968- 69 to 2008-2009 and mutation No.2279 and 3109 subject to payment of Rs.10000/- as cost, but the petitioner will not be entitled to produce/ prove the registered Will of Sunder Singh. The production of the above said documents will not prejudice the right of the plaintiff- respondents to tender rebutal documents. January 23 ,2011 ( M.M.S.BEDI ) TSM JUDGE