DEVKI NANDAN GOEL Vs. MAHAVIR PRASAD AND ANR.

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 19.11.2008 which has endorsed the finding of the Trial Judge dated 17.10.2006 thereby decreeing the suit of the Plaintiff on admission.

(2.) The Appellant before this Court was the Defendant before the Trial Judge. Plaintiff Mahavir Prasad had filed the suit for possession and mesne profits against the Defendant Devki Nandan Goel. The pleadings of the parties including the written statement of the Defendant were adverted to by the Trial Judge. This was pursuant to an application filed by the Plaintiff under Order 12 Rule 6 of the Code of Code of Civil Procedure (hereinafter referred to as the 'Code'). The Plaintiff had prayed for a decree for possession in view of the admissions made by the Defendants.

(3.) The Trial Judge had decreed the suit of the Plaintiff. Findings returned inter alia read as follows :