DINESH KUMAR Vs. GULSHAN RAI CHADHA

JUDGEMENT

(1.) THIS is a regular second appeal filed by one Sh.Dinesh Kumar against the order dated 01.06.2012 by virtue of which his application under Section 5 of the Limitation Act, 1963 seeking to set aside the judgment dated 18.07.2007 on the basis of his application under Order 9 Rule 13 CPC, was dismissed.

(2.) BEFORE dealing with the submissions of the learned counsel for the appellant, it would be pertinent to give a brief background of the case with reference to the various claims of the parties.

(3.) R -1/Sh.Gulshan Rai Chadha had filed a suit for possession against R -2 to R -4 namely Sh.Prem Kumar Khurana, Sh.V.K.Sharma and Sh.Purshottam Dass Patel. The case which was set up by Sh.Gulshan Rai Chadha was that he was the owner of a plot bearing No.49/142 measuring 200 square yards out of Khasra No.897 to 903 situated in Block -A, Gulab Bagh Colony in the revenue estate of Village Nawada, New Delhi which he had purchased on 04.08.1972 by a registered sale deed from Sh.Chuni Lal s/o Sh.Param Ram. It was alleged by him that after noticing the movement of R -2/D -1 around the suit property, he had deputed a chowkidar at the suit property who had gone to his native village in December, 1989 after handing over the keys to the R -1/plaintiff. It is alleged that the R -2/D -1 taking advantage of this situation, broke open the door of the suit property and took possession of the same. Accordingly, R -1/plaintiff initiated proceedings by filing a suit to retrieve the possession.