MOHD YUSAF Vs. A S KHANNA

JUDGEMENT

(1.) Till date no question of law has been framed in the instant appeal. Having heard learned counsel for the parties I am of the opinion that no question of law arises for consideration in the instant appeal for the reason decisions passed by the learned Trial Judge and the First Appellate Court are based on appreciation of unimpeachable evidence, being documentary evidence emanating from government record, and no material circumstance in favour of appellant has been ignored by the Courts below.

(2.) Respondent, A.S.Khanna, filed a suit for possession and damages against the appellant inter alia alleging that suit property bearing Municipal No.XIV/2140-41 Gali Chullehewali, Pan Mandi, Sadar Bazar, being an evacuee property, vested in the custodian of evacuee properties and was put to auction. He i.e. A.S.Khanna was the successful bidder. His bid was accepted. He was declared to be the owner and vide sale certificate dated 25.9.1968, Ex.P-1, was declared the owner of the property. He further stated that the plaintiff was in possession of the property since 1947-48. He stated that as a result of Ex.P-1 he acquired title by becoming the owner of the property and that the defendant entered upon a portion of the property in January 1967.

(3.) In the written statement filed, the defendant took a plea that the suit property i.e. the property which was alleged to be in his unauthorized possession was actually a part of property bearing Municipal No.XIV/2146 Gali Chullehewali, Pan Mandi, Sadar Bazar. He stated that the owner of the said property was M/s.Bodh Raj Ghai and Sons and that he was a tenant under the said firm at a monthly rent of Rs.1,500/-.