NARVADA Vs. BHAURI LAL

JUDGEMENT

(1.) THIS second appeal is filed under Section 100 of Code of Civil Procedure, 1908 (CPC) impugning the concurrent judgments of the courts below; of the trial court dated 22.2.2010 and the first appellate court dated 20.4.2011; by which the suit of the respondent/plaintiff for declaration, possession, mesne profits, and injunction was decreed.

(2.) THE facts of the case are that the respondent/plaintiff pleaded that he is the owner of the suit property being plot no.1/409, Trilok Puri and which plot is situated in a jhugi jhopri colony. The respondent/plaintiff pleaded that he was the allottee of the plot from DDA in the year 1976 and when in the year 1988 he went to his village he gave possession of the property to his brother Sh. Girdhari Lal so as to look after the plot and also gave the allotment slip to him so that Sh. Girdhari Lal can take ration card etc from the suit property. It is pleaded that Sh. Girdhari Lal illegally sold the suit plot and when confronted he said that he has sold the plot and the respondent/plaintiff may do whatever he wants to do. The subject suit thereafter came to be filed by the respondent/plaintiff against the appellants/defendants. It may be noted for completion of narration that appellant no.1 is the niece of the plaintiff i.e the respondent/plaintiff is the real uncle of the appellant no.1. Appellant no.2 is the husband of the appellant no.1.

(3.) BOTH the courts below have held that the suit for possession has to be decreed and for which the following reasons have been given: -