JOGINDER CHADDA Vs. RAKESH KUMAR

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit, against the concurrent judgments of the courts below; of the Trial Court dated 18.3.2014 and the First Appellate Court dated 28.11.2015; by which the suit for possession, injunction and declaration filed by the appellant/plaintiff was dismissed with respect to the suit property being Shop No. 1, Chadha Market, Village Mukundpur, New Delhi. The subject shop is said to be part of land of 2700 sq. yds forming part of Khasra No. 301/223, Village Mukundpur, Delhi. Appellant/plaintiff claimed that he purchased the 2700 sq. yds (actually it is 1600 sq. yds) of Khasra No. 301/223 from one Sh. Krishan Kumar by virtue of the documents dated 4.9.1996 and which are the agreement to sell, general power of attorney, Will, receipt and affidavit. Appellant/plaintiff pleaded that suit shop/property was given by the appellant/plaintiff to one Sh. Ram Garhwala to look after the same but the said Sh. Ram Garhwala illegally handed over the shop to the respondent/defendant on the ground that respondent/defendant is a chowkidar and would look after the shop. When the appellant/plaintiff asked the respondent/defendant to vacate the suit premises the respondent/defendant did not do so and on 15.12.2004 the appellant/plaintiff was shocked to see that the respondent/defendant was constructing stairs from inside the shop and had broken the roof of the shop and intended to take possession of the roof over the shop. The said shop No.1 is an area of approximately 13 1/2 ft. by 14 ft. The subject suit therefore came to be filed. Originally, the suit was filed only for declaration and injunction, but subsequently, the suit plaint was amended to seek possession and also damages.

(2.) Respondent/defendant claimed that he was the owner of the suit shop/property having purchased the same from Sh. Vinod Kumar and Sh. S.K. Sharma. Sh. Vinod Kumar and Sh. S.K. Sharma are stated to have purchased the suit shop/property from Sh. Jai Prakash. Sh. Jai Prakash had purchased the suit shop/property from Sh. Braham Prakash in the year 1997. The suit shop as per the written statement was said not to be Shop No.1 but Shop No.2-A which fell in Khasra No. 307/202, 301/223, Chadha Market, Village Mukundpur, Delhi. The suit was therefore prayed to be dismissed as it was pleaded that respondent/defendant was the owner of the suit property and which fell in two Khasra nos. 307/202 and also 301/223.

(3.) After pleadings were completed the trial court on 20.3.2006 framed the following issues:-