MAHINDER SINGH Vs. MURTI DEVI & ORS

JUDGEMENT

(1.) Caveat No.462/2015

(2.) I have heard the learned counsel for the appellant and have gone through the record. The appellant has not been able to show that any substantial question of law is arising from the appeal which may warrant entertaining of the present second appeal. However, before dismissing the same, it may be pertinent here to mention that the appellant filed a suit for mandatory and permanent injunction claiming himself to be the owner of the land in question which is bearing No.B-45, Golden Enclave, Nangli Dairy, New Delhi measuring 167 square yards falling in part of Khasra No.34/15.

(3.) It is further alleged by him that two rooms were built on the said parcel of land. The case which was setup by the appellant in the plaint was that the aforesaid land belonged to one Prem Singh, who had sold it to Attar Singh and Attar Singh is the person who had sold the said land to the appellant. It has been stated that Attar Singh had filed a suit for permanent injunction against Shish Ram and others bearing suit No.622/93. In the said suit, injunction was granted in favour of Attar Singh; however, the said suit was later on dismissed by the learned Civil Judge on 8.2.2005. The suit was dismissed on account of the fact that Attar Singh who had filed the said suit had died and the legal heirs of the deceased Attar Singh were sought to be impleaded as party but they could not produce any document of the property in question during the pendency of the suit to prove the case.