SHAKUNTALA Vs. RISHI PAL

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 01.05.2006 vide which two applications had been dealt with; the subject matter of the present petition is the grievance of the petitioner on the count that his application under ORDER 41 Rule 27 Of the Code of Civil Procedure (hereinafter referred to as the 'Code') was dismissed.

(2.) RECORD shows that the present suit is a suit for possession and permanent injunction. Contention of the plaintiff is that plot bearing No. 372/40 situated in village Mangol Pur Khurd was allotted by the Gram Sabha of the village under a scheme of the Government for the benefit of landless persons to the plaintiff against a registered patta certificate dated 21.03.1976; after raising construction on the said premises, the plaintiff had handed over this premises on rent to Ram Sunar at a monthly rental of Rs. 500/-; the defendant in connivance with Ram Sunar had taken illegal possession of the suit property; he had no right, title or interest in the suit land. Suit had accordingly been filed.

(3.) RECORD shows that out of eight issues which were framed, issue No. 2 and issue No. 3 are relevant for the controversy in dispute. They read as under:- 2. Whether the plaintiff has suppressed material facts that he has disposed off the property to Ram Sunar for consideration of Rs. 40,000/-? OPD 3. Whether the plaintiff is owner of plot bearing No. 40, comprising Khasra No. 372 village Mangol Pur Khurd, Delhi-83 and was allotted by Gaon Sabha of village Mangol Pur? OPP.