MELA RAM AGGARWAL Vs. INDU DEVI

JUDGEMENT

(1.) This is an appeal preferred against the judgement and decree dated 04.02.2011. The appellant/ plaintiff had filed a suit for possession and permanent injunction against the respondent/ defendant. The trial court, in the course of the proceedings, before it, framed the following issues:

(2.) By virtue of the impugned judgement, the trial court found issue no. (i) in favour of the appellant/ plaintiff. In so far as issue no. (ii) was concerned, the trial court ruled against the appellant/ plaintiff. As regards issue no. (iii), it came to the conclusion that in view of the findings returned qua issue no. (ii), the said issue had become redundant. Quite curiously, in so far as issue no. (iv) was concerned, in respect of which onus was placed on the respondent/ defendant, the trial court came to the conclusion that the appellant/ plaintiff had failed to prove the said issue.

(3.) Based on the aforesaid findings, as noted above, the suit of the appellant/ plaintiff was dismissed.