NAJAN-UR-REHMAN CHAWLA Vs. SHASHI BALA JAIN

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 CPC against the order dated 18.2.2012 passed by the learned Additional District Judge in R.C.A. No. 48/2010 titled Najan -Ur -Rehman vs. Shashi Bala Jain upholding the judgment dated 13.1.2005 passed by the learned Civil Judge dismissing the suit of the appellant. Briefly stated the facts of the case are that the plaintiff/appellant herein filed a suit bearing No. 876/02/91 for possession and damages on account of illegal use and occupation against Shashi Bala Jain, the defendant/respondent herein claimed himself to be the owner of the ground floor of property bearing Municipal Nos. 5884 to 5887 and 6010 to 6014 situated at Ward No. XIV, Basti Harphool Singh, Sadar Bazar, Delhi. It was claimed by the plaintiff/appellant herein that he had purchased the aforesaid property from one Satish Kumar Makhija. It was alleged that the defendant/respondent herein had wrongfully and illegally occupied a portion of the suit property, more particularly, shown in red colour in the site plan attached to the plaint. On account of having become the owner by purchase, the plaintiff/appellant filed the suit for possession and claimed damages @ Rs. 1,000/ - per month. The aforesaid suit was challenged by the defendant/respondent.

(2.) ON the pleadings of the parties, following issues were framed: -

(3.) So far as Issue Nos. 3 and 4 are concerned, the plaintiff failed to prove the said issues in his favour and the learned Civil Judge dismissed the suit on 13.1.2005 holding that the plaintiff/appellant was not entitled to the possession as he was not able to establish his ownership.