NANAK CHAND Vs. JAI LAL

JUDGEMENT

(1.) CM No.9586/2008 (Exemption) Allowed subject to just exceptions. R.S.A.No. 149/2008 This appeal has impugned the judgment and decree dated 08.4.2008 which had endorsed the finding of the trial judge dated 15.5.2003 whereby the suit filed by the plaintiff Nanak Chand seeking possession of the suit property measuring 9 bighas 12 biswas bearing Killa No.46/3 (4-16),8(4-16) in village Jatkhore, Delhi had been dismissed.

(2.) THE case of the plaintiff is that his predecessor had agreed to sell the aforenoted land to the defendant vide agreement to sell executed in 1966. He had requested the defendant to get the sale deed executed and registered by making the payment of the balance agreement amount but the defendant failed to do so. Licence granted by the plaintiff to the defendant for cultivating has since been expired. Legal notice dated 19.1.1990 was sent to the defendant calling upon him to vacate the suit land but he failed to do so. Present suit was accordingly filed.

(3.) ORAL and documentary evidence was led. The trial judge was of the view that the court does not have the pecuniary jurisdiction to entertain the suit. This was disposed of while dealing with issue no.2. Trial judge, however, proceeded to deal with the merits of the case; on merits the court was of the view that the plaintiff has failed to establish his case; suit of the plaintiff was dismissed.