RAM SARAN DASS Vs. RAM KALI

JUDGEMENT

(1.) The only question raised in this second appeal centres round the decision on the issue :-

(2.) On the issue of ownership and possession also, it is noteworthy, the two Courts below have arrived at a concurrent conclusion.

(3.) The facts necessary for understanding the controversy may now briefly be stated. Ram Saran Dass appellant, who was defendant No. 1 in the Court of first instance, had obtained a decree against Lakshmi Narain defendant No. 2 in that Court. In execution of that decree, house No. 923 situated in village Chiragh, Delhi, was attached. Smt. Ram Kali, respondent No. 1 in this Court, instituted the suit giving rise to this appeal for declaration that the house belonged to her and also claimed an injunction restraining Ram Saran Dass from getting the house sold in execution of his decree. The plaintiff's case was that the house which originally belonged to Rizak Ram, father of Lakshmi Narain, was sold by the Special Assistant Collector for recovery of income-tax arrears of Rizak Ram, and was purchased by the plaintiff for Rs. 1,100.00 in public auction. This case was accepted by the trial Court, which after upholding the said purchase, observed that there was no satisfactory evidence on the record to show as to who had raised the constructions on the suit house and whether such constructions were effected before or after the purchase by the plaintiff. The failure of the plaintiff to appear in the witness-box was noticed by the trial Court, but no presumption against her was drawn from this failure because her husband actually appeared and established the purchase by the plaintiff at the public action. The trial Court, as observed earlier, accepting the plaintiff's case, decreed her suit.