HARINDER SINGH Vs. RAM PRAKASH

JUDGEMENT

(1.) Impugned in this appeal is the judgment and decree of the Appellate Court dated 29th April, 2005, whereby appeal challenging the judgment and decree of the Trial Court dated 13 July, 2004 was dismissed.

(2.) In brief, case of the appellants is that Sh.Sohan Singh, father of appellant No. 1 owned property comprising in Khasra No. 3148/2939/921 situated in village Basai Darapur, New Delhi, now known as Kirti Nagar Industrial Area. On 30th August 1969, Sh. Sohan Singh sold a piece of land measuring 675 square yards out of the said property to the appellants vide a Registered Sale Deed and appellant No. 1 took possession of the said property. Appellant No. 2 was co-owner of the property purchased by appellant No. 1 as she had also contributed in the sale consideration. Appellant No. 1 entered into an Agreement to Sell with respondent for a piece of land measuring 400 square yards on 27th April 1970, out of the said property. Respondent paid part consideration amount and balance amount was not paid despite repeated requests made by the appellants and service of legal notice for vacation of the property. Hence, suit for possession with a declaration that Agreement to Sell was void and respondent was an unauthorized occuparnt in the suit premises was filed.

(3.) Respondent contested this suit and one of the objections raised by him was that the suit was barred by principle of res judicata and also by period of limitation. Trial Court framed following issues: