LAWS(DLH)-2011-3-309

BADRI PRASAD Vs. CHANDRAWATI

Decided On March 11, 2011
BADRI PRASAD Appellant
V/S
Chandrawati & Another Respondents

JUDGEMENT

(1.) THESE are two appeals which have been filed against a common judgment. The impugned judgment is dated 21.02.2005. It has affirmed the findings of the trial Judge dated 12.05.2003 whereby the two suits filed by the plaintiff i.e.

(2.) THE plaintiff<APL> Badri Prasad </APL>had filed two suits. The First suit i.e. Suit No. 1044/88/87 was a suit for possession and mandatory injunction. The contention of the plaintiff was that he was the owner of 150 square yards of land which he had purchased from defendant No. 4 on 14.02.1979. Out of this 150 square yards, the defendants had unauthorisedly occupied 35 square yards. This was in Plot No. 12-C, Sham Nagar, New Delhi. Further contention was that on 21.02.1982, the defendants had illegally and wrongly trespassed into the suit land. Relief of mandatory injunction and possession had accordingly been sought. This suit of the plaintiff had been dismissed on 12.05.2003.

(3.) TWO first appeals had been filed against the judgment in both the suits impugning the findings therein. The first appellate court had endorsed the findings of the trial Judge. This was vide the common impugned judgment dated 21.02.2005.