The importance of proving documents in accordance with the law and upholding findings of fact based on evidence.

Heard Sri Subodh Kumar, learned Counsel for the appellant and Sri V. B. Singh Senior Advocate, assisted by Sri Mohd. Isha Khan for the plaintiff-respondent.

2. Counsels for the parties agreed that the appeal be heard finally at the initial stage itself. The lower appellate Court record was summoned on 20-10-2005. On 5-4-2006 Sri C. B. Gupta Advocate filed his Vakalatnama on behalf of Cantonment Board, Agra subsequently a cross-objection was preferred on 13- 4- 2006 but no arguments were advanced on behalf of the Cantonment Board, Agra.

3. The appellant Union of India through the Secretary, Ministry of Defence, New Delhi defendant No. 1, alone preferred this second appeal against the judgment and decree passed by the VIIIth Additional District Judge, Agra in Civil Appeal No. 81 of 1998 arising out of Original Suit No. 442 of 1995. The suit was instituted by the plaintiff-respondent Ibrahim Uddin seeking a decree for declaration that he is the owner in occupation of the suit property. The suit was dismissed by the Civil Judge (Senior Division), Agra vide judgment dated 20-1-1998. The plaintiff preferred a civil appeal against the appellant and Cantonment Board, Agra which was allowed and plaintiffs suit was decreed. The Cantonment Board did not prefer any appeal in this Court. This appeal was filed on a number of questions of law but it was admitted on 7-3-2006 on the following questions of law :

(1) Whether the judgment and decree passed by the lower appellate Court is vitiated in law in as much as the land in dispute which was recorded in Column B-4 under Rule 6 of the Cantonment Land Administration Rule 1937 was wrongly and illegally discarded on the ground of secondary evidence in the presence of the original register maintained by the Military Estate Officer?

(2) Whether the certified copy of the relevant registers maintained under the Cantonment Act are admissible in evidence and appellate Court erred in law in discarding the same illegally against the relevant provisions of the Evidence Act and decreed the suit of the plaintiff on the false protect that there is no document was filed on behalf of the defendant?

(3) Whether the appellate Court did not consider this aspect at all that the suit for declaration without possession is not maintainable is barred by the provision of Specific Relief Act?

(4) Whether the lower appellate Court has committed illegality while accepting the will dated 1-3-1992 filed on 28-4- 1999 without its proof by plaintiff ?

4. Learned Counsel for the plaintiff respondent filed an application under Order XIII Rule 9 (1) (b) read with Section 151 C. P. C. to accept the document in original which was filed and relied upon by the lower appellate Court. The document adduced at the stage of first appeal before the Court below as additional evidence is Will deed dated 1-3-1929 in Urdu and its Hindi translation. Partition deed dated 1-3-1929 in Urdu and its Hindi translation and demand notice in Urdu and its Hindi translation were on record and filed in the trial Court.

5. Subsequently the documents were taken back after seeking permission from the Court in accordance with provisions of the Code as it was required in some other proceedings. The said documents have been filed in this appeal. Acceptance of the documents is objected by the plaintiff-appellant and an amendment application is filed to add two new grounds regarding acceptance of the documents and also framed an additional substantial question of law which is quoted below :

(5) Whether the withdrawal of all documents filed by the plaintiff-contesting respondent if any violation of provisions of Order XIII Rule 9 C. P. C, if so its effect?

6. The facts pleaded in the plaint is that Hafiz Ahmad Bux and Hafiz Karim Bux are owners of 20 bighas of land. Survey Nos. 5 and 6 situated in Sarai Safrat (now generally know as Namneh Agra ). The property was received as donation by Marathas and they are the title holder of the land since