SURINDER SINGH Vs. SOHAN SMGH

JUDGEMENT

(1.) This case has an unfortunate history. It epitomises the sad plight and suffering of a litigant resulting from an appellate order passed in a rather perfunctory manner and not strictly in conformity with law.

(2.) Succintly the facts germane to the decision of this revision petition are that the parties are real brothers. Way back in 1975 the respondent instituted a suit against the petitioner/defendent for mandatory injunction directing the petitioner to quit and remove himself and his family and belongings from a portion of the ground floor of House No. XVI/4839, Gali No 44 Rehgarpura, Karolbagh, which was in his occupation as a licensee. The suit was contested by the petitioner inter alia, on the ground that be was a co-owner of the said house alongwith his brother. This plea found favour with the learned Sub. Judge who dismissed the suit on merits wide judgment date dated 17,8.77. Feeling aggrieved the respondent filed an appeal in court of Senior-Sub-Judge. However, by an administrative order it was transferred to the court of Sh. M.K. Chawla, then Additional District Judge. During the pendency of the appeal the respondent made an application for amendment of the plaint under Order 6 Rule 17 Civil Procedure Code . That application was allowed by the learned A.D.J. vide order dated 14.2.80 in two respects viz. (1) value of the suit for purposes of jurisdiction and (2) relief which was converted from one for mandatory injunction into that for possession of the portion of the property in dispute. The jurisdictional value of the suit was eventually fixed at Rs. 40,000.00 and the following additional issue was framed by the learned A.D.J. on 2.2.81.

(3.) Accordingly, the case was put up before the District Judge on 9.4.81 who then transferred the same to the court of Shri S.R. Goel, Additional District Judge for trial and disposal according to law.