NETRA PAL Vs. BHOLE SHANKAR

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment dated 05.11.2012 passed by learned first appellate court in RCA No.30/2012 titled Netra Pal v. Bhole Shanker and Ors.

(2.) BEFORE dealing with the contention raised by the learned counsel for the appellant, it may be pertinent here to give a brief background of the case.

(3.) THE present appellant/plaintiff Mr.Netra Pal (since deceased) had filed a suit for possession and permanent injunction against the respondent. He claims to be lawful owner/allottee of plot No.B -77, J.J.Colony, Khanpur, New Delhi measuring 25 yards by virtue of an allotment letter/possession slip dated 02.09.1975 issued by DDA. It is alleged that the aforesaid plot of land was allotted to the appellant in lieu of demolition of his jhuggi which he was occupying. It is alleged that the appellant/plaintiff raised construction in the said plot of land and built up one room and boundary wall after taking loan from State Bank of India. It is alleged that one Mr.Raju, real brother of the respondent No.1/defendant No.1, was a very good friend of the appellant/plaintiff and therefore the appellant/plaintiff had permitted him to use the suit property without payment of any charges. Mr.Raju expired in the year 1998 and the suit property was lying locked whereafter the respondent No.1/defendant No.1 is alleged to have illegally and unlawfully trespassed in the suit property and since he failed to vacate the same, consequently, the present suit was filed after lodging of a complaint with the police. The respondent No.1/defendant No.1 contested the case of the appellant/plaintiff. It was contended by the respondent No.1/defendant No.1 that the appellant/plaintiff is not the owner/allottee of the plot in question. It was contended by him that he has been living in the suit property after having purchased the same from one Sh.Daya Chand.