KRISHAN DEV SHARMA Vs. DIPTI LAL PASSI

JUDGEMENT

(1.) CM No. 8228/2005 (for early hearing) Having become infructuous; it is dismissed. This second judgment appeal has impugned the judgment and decree dated 06.01.2005 which has reversed the finding of the Trial Judge dated 21.01.1988. Vide judgment and decree dated 21.01.1988, the suit of the plaintiff Dipti Lal Passi seeking possession of the suit property had been dismissed. Vide the impugned judgment the suit of the plaintiff was decreed.

(2.) THE plaintiff Dipti Lal Passi had filed a suit for possession. THE suit property is situated at 191/WZ/4B, Shyama Parshad, Mukherjee Park, Najafgarh Road, New Delhi. Contention of the plaintiff is that he is the real nephew of Prithmi Chand Passi. THE suit property was built by Hira Wati widow of late Prithmi Chand Passi in 1966 from the cash/assets left behind by Prithmi Chand Passi who died in December 1965. After the death of Hira Wati the property devolved on the plaintiff being her sole legal heir. Defendant is in unauthorized occupation of the property. Inspite of notice dated 29.07.1977 he has not vacated the suit property. Suit was accordingly filed.

(3.) THE plaintiff in support of his case had examined four witnesses; five witnesses had also been examined on behalf of the defendant. Trial Judge held that the plaintiff has failed to show that Hira Wati was the owner of the suit property. This was also evident from the document exhibited Ex.DW1/1 wherein she had clearly mentioned that she has no interest in the suit property. Suit was dismissed.