@w ‘ ' § “MN i IN THE HIGH COURT OF JUDICATURE AT BILASPUR C.G. WRIT PETITION N0. is W OF 2005 ETWEEN i , / Moeij Ahmed S/o Mohd. Sh ‘I f , aged about 28 years, by caste Musalman , resident o ~ n Q e? . t’ n a“ " R I 0 ,.D‘ ’ 1" .. u nd Korba, Tahsil and District Korba (CG); ”’ w ———————————PETITIONER Tahsi] and District Korba (CG). /’”2. Timan Lal S/o Jarha Ram, aged about 40 years, resident of Old Basti, Korba, Tahsil and District Korba (CG). ......... RESPONDENTS WRIT PETITION UNDER ARTICLE 226/227 OF THE —--——..__.___________ CONSTITUTION OF INDIA ssssW‘ . . a‘ " ° .e" v 2 i ' 3‘ s N Jamak‘dmm mun:— i @j mw,rm,W WW w 9241;..m m ..... . ......... n ...... . ........m” ......................... .. XI—HC—22 mu«m. ,, Whlch he has demed the rel tlonshlp of landlord and tenant between the part1es After fr_m1ng of 1ssues, ev1dence of the i plamtlff/respondent No.2 has already been recorded and now the matter is fixed for evidenc of the petitioner herein. I On 28.12.2004 the petit'oner herein-moved an application under Order 8 Rule 1-A of; CPC‘ with. a prayer that plaintiff/respondent No.2 her in has filed a copy of judgment Annexure P-l to the suit wh ch was passed in the matter of Amola Bai Vs. State of MP, ut the site plan which was filed along with that plaint has ot been produced in this case, therefore, he wants to produc ~ that document. This-application K was rejected by learned trial c urt vide impugned order with the observation, that the suit i pending since 1990, copy of judgment ExrP-l was prod ced by) respondent No.2 While recording his evidence, there fter, his evidence was closed and now the, matter has bee fixed for evidence of the a } §§f¢ qrx 3\ XI—Hc—22 wimr WW WW adduéing the evidsnoe the de therefore, is observed that documerit then he could have I have heard applicatien defendant/petitioner herein and after tang many daes fo fendant a fid this applicati, rejected. The trial court further if the defendant as bonafid in filing this learned admission. During the course of a petitioner could not explain wanted to bring on record, decision of this Moreove, that case. petitioner submitted relationship of landlord & te petitioner herein is in posse right, as this land was allotte Patta to that effect was als before the trial court is that landlord and tenant between t In the result, l am of t not been able to make out a under Article 227 of the Col the petitioner'is liable to bi dismissed. Ky f“ w e filed the same rlier. coue. for the etitioer on nsl pn rguments learne consel for e that 'how th sie plan, which he is elevt for, the ros , f fo the the the nant etween th pares and the ssion uit land ithin his wn Yd to overnm nd e t a rned couse petitioner is dying b e ti of s w o him by the gent a a 3 issued. Therfore, the question wheher there is relationship of :he parties or not. he opinion that te petitioner has case fo interferenc by this Court 1stitution of India, the petition of 2 dismissed a accordiny, t Sdl— L.C.Bhadoo r ki t r hs le on ea d u th e t ran pupe o r lea nl en h r e nd gl i is