PHOOL SINGH Vs. SH MAMAN & ANR

JUDGEMENT

(1.) This regular second appeal is filed by the plaintiff against the concurrent judgments of the courts below; of the trial court dated 25.8.2011 and the first appellate court dated 24.10.2013; dismissing the suit for possession filed by the appellant-plaintiff.

(2.) The appellant claimed to be the owner of a house situated in Lal Dora of Village Shikarpur, Delhi shown in the site plan Ex.PW1/1 and which is the suit property. Plaintiff claimed that the defendants being relatives were allowed to stay as licencees in the suit property, but when they refused to vacate the suit property in spite of being repeatedly asked to do so, the subject suit for possession came to be filed. Respondents-defendants disputed the ownership of the plaintiff. It was pleaded that the parents of the defendants were owners and they have built the property. It was accordingly prayed that the suit for possession be dismissed.

(3.) Both the courts below have held that the appellant has failed to prove his ownership of the suit property. The first appellate court has effectively and crisply summarized the position in para 13 of the impugned judgment and which reads as under:-