SURJIT SINGH Vs. KISHORI LAL

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiff no.2 impugning the concurrent judgments of the courts below; of the trial court dated 5.2.2005 and the first appellate court dated 4.5.2007; by which the suit for possession and damages has been dismissed. It may be noted that the present appellant, who is the plaintiff no.2 in the suit, purchased the suit property from plaintiff no.1 and accordingly was added as a plaintiff no.2 in the subject suit. Effectively, therefore, it is the plaintiff no.2 who is claiming the reliefs in the suit for possession and damages.

(2.) THE case of the plaintiffs was that the suit property being plot no.1, situated in Bapu Park, Kotla Mubarakpur, New Delhi admeasuring 220 sq. yds forming part of K.No. 36/2 was sold to the plaintiff no.1 -Sh. Madhukar Sharma by the then owner M/s Leela Ram & sons (a partnership firm) by a registered sale deed dated 17.4.1981. It was claimed that the defendant in the suit property namely Kishori Lal (who died during the pendency of the proceedings and was substituted by his legal heirs) trespassed into the suit property and forcibly occupied the same in February 1984.

(3.) THE following issues were framed in the suit: -