Question: A civil court passed a decree in an application filed by the defendant under Order 7 Rule 11(d) on the ground of limitation. An appeal is currently pending against this decree in the district court, but there is no stay order in effect. Subsequently, the SDM passed an order under Section 145 of the CrPC in favour of the defendant, and criminal revisions were also dismissed by the ADJ. The plaintiff then filed a writ petition in the HC for final hearing.
During the proceedings, the HC made inquiries about the defendant’s possession of the disputed property, which was the subject of the earlier civil suit decided by the Order 7 Rule 11(d) decree. The plaintiff applied for the restoration of possession by making an application in the special civil suit, but the CJSD did not make any order in favour of the plaintiff. Now the question is how to prove the defendant’s possession in the HC, and how the decree of the civil court and the CJSD can be helpful to the plaintiff in this regard?
Asked from: Uttar Pradesh
Order of Magistrate under section 145 crpc is still in force, it prima facie proves the possession of the defendant. Because if the defendant was not in the possession the magistrate could not pass such an order in his favour.
You should also produce a copy of the mutation certificate to prove your possession. Electricity bill other government document issued in the favour of defendant residing in the disputed property is also a relevant proof of possession.
