BRIJ LAL Vs. RAM PRATAP

JUDGEMENT

(1.) The present regular second appeal is directed against a judgment and decree dated Oct. 4, 1978 of Shri S.C. Jain, Additional District Judge, Delhi dismissing an appeal with costs against judgment and decree of a Sub Judge.

(2.) The dispute is regarding a piece of land shown as green in the plan Ext. PW7/1 situated at Krishna Nagar. G.T. Road, Shahdara, Delhi. According to Ram Partap respondent (hereinafter referred to as the plaintiff) the said piece of land belonged to him but the same was illegally taken possession of by Brij Lal appellant (hereinafter referred to as the defendant).

(3.) One Daulat Ram was the owner of a property known as 'Roopvatika' bearing Municipal No. 423/424 situated at G.T. Road, Delhi Shahdra, Delhi. The said Daulat Ram became insolvent and his assets including the aforesaid property vested in the official receiver. The aforesaid property was sold by the official receiver under the orders of Insolvency Court and was purchased by the plaintiff by registered sale deed dated 26th Nov., 1960, certified copy of which is Ext. PW11/1. The case of the plaintiff is that the land in dispute formed part of the aforesaid property, but that defendant took illegal possession of the same and dumped coal dust on a portion thereof. He, therefore brought a suit on Oct. 16, 1961 for recovery of possession of the land in dispute.