notwithstanding the exercise of due
diligence, such evidence was not within his knowledge
or could not, after the exercise of due diligence, be
produced ... diligence' determines the scope of a party's
constructive knowledge and claim and is very critical to the outcome of
the suit
thstanding the exercise of due
diligence, such evidence was not within his knowledge
or could not, after the exercise of due diligence, be
produced ... diligence' determines the scope of a party's
constructive knowledge and claim and is very critical to the outcome of
the suit
land at the relevant time was assigned Khasra Nos. 588/1 and
constructing a shed.
r to
589/1. The defendant in absence ... submitted that the shed in question was constructed
in the year 1997 that too with the knowledge of the previous owner
Reeta Devi
constructed a cow-shed over the suit land and planted fruit bearing trees
which were well within the knowledge of the plaintiffs. It was further
constructed a cow-shed over the suit land and planted fruit bearing trees
which were well within the knowledge of the plaintiffs. It was further
since then he was in
possession of the same. Sh. Baggu constructed a kacha mud
house, varamdah and kitchen etc. over the suit land ... remaining portion as courtyard, Bara
Bhawar and passage to the complete knowledge of all the
concerned including the defendant and nobody had raised
objection when
Mohan
Kapoor. The house in question was relatively new as it was
constructed only in the year 2006. The Reference Court has
rejected the report ... wherein it is observed as under:
"16. It is common knowledge that there is general trend of
increase in cost of construction. The State
deeds. After purchase of the said land, defendants No.1 and 2 constructed
stone and brick boundary wall around the suit land and barbed wire ... boundary wall ha s also been laid and they constructed three
structures of steel angle iron and besides this they have laid the slab
family partition. It was further alleged that the plaintiff had also
constructed a single storey house over the suit land and has
covered area more ... suit land. It was also
alleged that the plaintiff despite having knowledge that defendant
No. 1 had purchased the house and land from Shri Thakur
given case need not be physical possession but can be
constructive. It was further held that the word "conscious" means
awareness ... Downloaded on - 27/11/2018 22:57:24 :::HCHP
5
special knowledge. Section 35 of the Act gives a statutory
recognition of this position because
