IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4390 of 2009 (O&M) Date of decision : 12.08.2009 Karnail Singh ......Petitioner VERSUS Jarnail Singh ......Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.I.D.Singla, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 30.01.2009, passed by Additional District Judge, Ludhiana whereby the application for additional evidence filed by the appellant-petitioner during the pendency of the appeal, has been dismissed. The case of the petitioner-plaintiff (herein referred as 'the plaintiff') is that he became the owner of the property, as fully described in the head note of the plaint, on the basis of Will executed by his father. He had constructed a bath room on the ground floor, therefore, the defendant- respondent (herein referred as 'the defendant') be restrained from demolishing the bath room on the ground floor and also dispossessing him from the suit property. The suit was partly decreed. However, the defendant was restrained from demolishing the bathroom on the ground floor but he was given right to use the same. Now the defendant wants to establish that there is another bath room on the second floor which is used by defendant and this bath room is his exclusive ownership. The controversy between the parties is whether the plaintiff is the owner of the Civil Revision No.4390 of 2009 (O&M) -2- bathroom on the ground floor and it was never the controversy that whether there exists another bathroom on the second floor which could be used by the defendant. Actually, the plaintiff had to establish that he constructed this bath room on the ground floor with his own funds. As such, no grounds to lead additional evidence to prove the second bath existing on the second floor, are made out. Dismissed. (A.N.Jindal) Judge 12.08.2009 mamta-II