AJIT KUMAR Vs. RAJ KUMAR ALIAS PAUA

JUDGEMENT

(1.) THIS case is on the `Regular Board' of this Court since 17.1.2011. Today, it is effective item No.13 and though it is 12.20 P.M nobody has chosen to appear for the respondent. I have, therefore, heard the counsel for the appellant and perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 14.9.2001 which has dismissed the suit of the appellant/plaintiff for possession of one shop forming part of the premises No.4216, Gali No.5, Tri Nagar, Delhi. THE appellant/plaintiff relied upon the Will dated 21.1.1991 executed in his favour by his grandfather Chander Bhan. THE defendant relied upon the subsequent Will dated 25.8.1991 in favour of one Sh. Suresh Chand and others. THE defendant claimed to be an employee of Suresh Chand. THE trial Court in the impugned judgment and decree has referred to the probate proceedings initiated on the basis of the Will dated 21.1.1991 Ex.PW3/1 relied upon by the appellant/plaintiff however the trial court has held that the appellant/plaintiff failed to prove the possession on the disputed date i.e. 18.10.1994 and the suit was therefore dismissed.