1.By invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioner-Gwalior Development Authority (GDA) has assailed the order dated 17.12.2012. By the said order, the application preferred by the petitioner/defendant No. 1 under section 65 of the Evidence Act is rejected by the Court below.

2. Brief facts necessary for adjudication of this matter are as under:-

The respondent No. 1- plaintiff filed a civil suit for declaration and permanent injunction on the ground that Survery No. 788 area 0.108 hectare situated in village Shankarpur, Tahsil and District Gwalior, is purchased by him through a registered sale deed dated 1.7.2009 from respondent No. 2- Housing Society. Mutation has been done in revenue record. The land in question is an agricultural land. It is the case of the plaintiff that on 26.6.09 a Sub-Engineer of GDA threatened him for dispossession on the ground that the land in question is acquired by GDA by way of agreement dated 12.6.1998. The stand of GDA before the Court below is that the land in question is a part of valuable notified scheme of Transport Nagar and in view of section 53 of Nagar Tatha Gram Nivesh Adhiniyam, 1973 ( for