PREM SAGAR Vs. QAMRUDDIN

JUDGEMENT

(1.) By means of the present appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC), the Plaintiff/Appellant challenges the impugned judgment and decree of the trial court whereby the suit for possession of the Appellant/Plaintiff was dismissed with respect to Plot No. 7, Khasra No. 38, Gali No. 1, Aram Park, Shastri Nagar, Delhi admeasuring 100 sq. yards.

(2.) The case of the Appellant/Plaintiff was that the sale deed of the subject plot was in his name and the Defendant was a trespasser and, therefore, liable to be evicted in the suit for possession. The case of the Defendant/Respondent was that he had purchased the property pursuant to an agreement to sell dated 28.9.1983 entered into between him and the father of the Appellant Sh. Sarda Ram. Further the case was that on the failure of the father of the Plaintiff to execute a sale deed, a suit for specific performance was filed and which was ultimately decreed in favour of the Respondent and in enforcement of the decree, a sale deed of the suit property was executed in favour of the Respondent.

(3.) The only issue, therefore, which was basically argued before the trial court and also before this Court was/is as to whether the Plaintiff was the owner of the subject property and, consequently, his father was incompetent to enter into an agreement to sell dated 28.9.1983 with the Defendant/Respondent. The trial court framed issues after completion of pleadings on 5.10.1989 and the relevant issues in this regard are Issue Nos. 1,3,5 and 7 which read as under: