SH SUKHEY Vs. SH GAURI SHANKER

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 13.10.2010 which had endorsed the finding of the trial judge dated 19.8.2009 whereby the suit of the Plaintiff i.e. Sukhey (deceased) filed through his legal heirs seeking possession of the suit property i.e. property bearing Municipal No. D-100, Laxmi Nagar, Delhi forming part of Village Shakarpur Khas, Delhi comprising part of Khasra No. 83 had been dismissed.

(2.) Plaintiff claimed himself to the owner of the aforenoted suit property. He had earlier filed a suit for ejectment of the aforenoted suit shop and recovery of rent against Defendant No. 1 which was suit No. 196/98. Plaintiff has claimed relationship of landlord and tenant between the parties. Defendant had denied the said relationship; that suit had been dismissed on 11.8.1999. Thereafter this suit has been filed.

(3.) In the written statement, the Defendant had disputed the ownership of the Plaintiff. Preliminary objection of res judicata had also been taken.