JAG MAHINDER Vs. CHANDER

JUDGEMENT

(1.) R.S.A. 35 of 1979 is an appeal against the judgment dated 3.2.1979 of the learned Additional District Judge in Civil Appeal No. 156 of 1978 which was directed against the judgment and decree dated 28.10.1975 of the Sub-Judge 1st Class, Delhi in Civil Suit No. 432 of 1970. The learned Sub-Judge decreed the plaintiff-respondent No.1, Chander's, suit with costs and gave Jag Mahinder four months to vacate the property and hand over possession to Chander and on his failure to do so within that period, the decree against Jag Mahinder was executable. The learned Sub-Judge decided the Suit Nos. 432/1970 by Chander and No.416/1969 by Ram Kishan by a single judgment and Chander was made a party-defendant to the suit by Ram Kishan and Ram Kishan and Sheo Ram were made parties to the suit filed by Chander.

(2.) The First Appellate Court by its judgment dated 3.2.1979 dismissed the appeal of Jag Mahinder. The contest in the suit relates to land in Azadpur, Delhi. In the suit by Ram Kishan, the land was described as kacha kotha 13' x 9' and a compound 16' x 13' bounded by a gali in the west, house of Khachheru in the east, house of Hari Ram in the north and house of Chander, respondent No.1, in the south. Ram Kishan claimed its purchase from one Munshi, son of Thana of Azadpur by a registered sale deed dated 18.9.1989. He filed the suit on 11.6.1969 claiming to be in possession and for a declaration against Sheo Ram and Jag Mahinder @ Mahinder.

(3.) Chander, respondent No.1, filed his suit on 18.9.1970 for possession against Jag Mahinder. Of the land measuring 20' x 13' bouned by a thoroughfare on the north and west each with house of Kalu on the east and house of Ram Prasad on the south, he claimed to have purchased the aforesaid property from Bhura, son of Rattan Lal, vide registered sale deed dated 10.8.1961. One Prithi Singh was co-purchaser with him and he purchased Prithi Singh's share on 11.8.1970. It was alleged that Jag Mahinder, taking advantage of the absence of Chander, trespassed on to the property, dispossessing Chander.