DIWAN CHAND Vs. DAL CHAND

JUDGEMENT

(1.) This matter is taken up today as 13.9.2016 was declared a holiday on account of Id-ul-Zuha (Baqried) vide Notification No.2092/G-4/Genl./DHC dated 9.9.2016.

(2.) On 31.8.2016, the following Order was passed:-

(3.) The aforesaid order was passed in the facts of the present case where it was found concurrently by the courts below that the brother of the appellant/defendant had earlier filed a suit with respect to the same property bearing no.3788/17, Ragharpura, Karol Bagh, New Delhi-110005 and on the same issues, and which suit filed by the brother namely Sh. Gulab Singh has been dismissed. The issues in the said earlier suit filed by Sh. Gulab Singh as also in the present suit are same as to whether the suit property was HUF property or the self acquired property of the father Sh. Panna Lal and who had sold the suit property to the plaintiff, since deceased, and thereafter appearing through his legal heirs. Though this judgment in the suit filed by Sh. Gulab Singh is a part of the trial court record, the appellant/defendant has deliberately not filed the same in spite of opportunity being granted.