LAWS(CHH)-2021-1-18

PURAN SINGH Vs. MAHESH KUMAR BAGHEL

Decided On January 12, 2021
PURAN SINGH Appellant
V/S
Mahesh Kumar Baghel Respondents

JUDGEMENT

(1.) This second appeal preferred under Section 100 of the CPC by the appellant herein / defendant No.1 was admitted for hearing on 1-2-2012 by formulating the following two substantial questions of law: -

(2.) The plaintiff filed suit for bare declaration i.e. he is the title holder of the suit house shown in the map appended with the plaint and it was owned by his father and after death of his father, he has inherited the property, therefore, he is the absolute owner of the said property. Defendant No.1 filed written statement pleading that he has purchased the suit property vide Exs.D-1 and D-2 and Patta was also granted by the competent authority and the plaintiff is not in possession of the suit property and therefore the plaintiff's suit for declaration of title simpliciter is not maintainable in view of the proviso to Section 34 of the Specific Relief Act, 1963.

(3.) The trial Court after appreciation of oral and documentary evidence available on record held that the plaintiff is not the possession holder of the suit land and therefore proviso to Section 34 of the Specific Relief Act, 1963 is attracted and accordingly dismissed the suit which the first appellate Court has reversed in the appeal filed by the plaintiff holding that the plaintiff is in possession of the suit property and proceeded to grant decree in his favour which has been called in question in this second appeal preferred by defendant No.1 in which substantial questions of law have been formulated by this Court and which have been set-out in the opening paragraph of this judgment for the sake of completeness.