(1.) THIS second appeal is filed by the appellant/plaintiff against the concurrent judgments of the courts below; of the trial court dated 18.7.2011 and the first appellate court dated 3.5.2012; by which the suit filed by the appellant/plaintiff claiming the reliefs of declaration, injunction etc. was dismissed. Originally in the suit four reliefs were claimed, but the fourth relief claimed of partition was withdrawn as per order the dated 5.9.2006 as recorded by the trial court. The other three reliefs which will therefore remain are as under :
(2.) THE disputes in the present case pertain to a residential house situated on a plot of 85 sq. yards situated in a plot measuring 900 sq. yards. Appellant/plaintiff claims to be in possession of the plot of 85 sq. yards or an area of 68x24 ft. alongwith 8 feet corridor falling in the Lal Dora of the village which he had built upto the first floor bearing no. 58, Plot no. 37, Mundka, Delhi and situated in K.No.849/1/1 and 849/2/1, village Mundka, Delhi.
(3.) I have read the Hindi/vernacular document and found that the English translation is not accurate because the Hindi/vernacular document shows that actually by virtue of this document appellant/plaintiff gets ownership of the residential portion which has been constructed by him, but this aspect does not appear in the English translation. However, I note that none of the party disputes that if the family settlement dated 14.4.2002, Ex. PW -1/4 is taken as correct this document gives the right which is claimed by the appellant/plaintiff in the suit property. In the typed English translation actually para no. (ii) should read "Roop Singh has the right on the residential house constructed inside the plot in the east direction at the back which is 24 ft. wide from east to west".