CHAND KRISHAN BHALLA Vs. HARPAL SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 04.05.2004 which had endorsed the findings of the trial Judge dated 24.02.2000 whereby the suit of the plaintiff Chand Krishan Bhalla seeking recovery of possession and damages of the suit property i.e property bearing No. 10213-17, Manak Pura, Karol Bagh, New Delhi had been dismissed.

(2.) THE case of the plaintiff that he was the owner of the suit property in terms of a sale certificate dated 28.09.1967. THE plaintiff had earlier filed suit No. 682/1982 against Surinder Singh, father of the defendants. In the course of those proceedings, Surinder Singh expired; his wife was also expired in January, 1987. After the death of Surinder Singh and his wife, the tenancy no longer devolved on any other legal representative. In fact the plaintiff had no knowledge about the death of Surinder Singh throughout the proceedings as it was not disclosed by the defendants. Surinder Singh had claimed tenancy rights in respect of the one room on the first floors and a khokha/tin store on the second floor. THE plaintiff requested the defendants to surrender the vacant possession of the suit property w.e.f. January, 1987 as also to pay damages; they failed to adhere to this request, suit was accordingly filed.

(3.) ON the pleadings of the parties, the following nine issues were framed; they read as under:-