BHAGWATI PRASAD SHARMA Vs. PT. RAM SARUP SHARMA

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India impugns the judgment of the first appellate court dated 16.11.2012 by which the first appellate court dismissed the first appeal filed under Section 96 CPC allegedly on account of bar contained in sub-Section 4 of Section 96 CPC.

(2.) The subject suit was a suit for recovery of Rs.7,200/- as damages for use and occupational charges against the respondent/tenant (now represented by his legal heirs), and in which suit there was an issue of ownership of the petitioner/plaintiff which was decided against the plaintiff/petitioner herein.

(3.) Section 96 CPC reads as under:-