RAM PRASHAD Vs. MADAN LAL

JUDGEMENT

(1.) APPELLANT, as plaintiff, has been unsuccessful in obtaining a decree for possession of the disputed premises being 100 sq. yards of land comprised in Khasra Nos. 142 and 143, Village Maujpur, consisting of a construction on the ground floor and the first floor thereof as also recovery of damages against the respondents, who, needless to state were the defendants in the suit.

(2.) CLAIM of the appellant in the plaint was that the suit land given municipal No. 233, Krishna Gali No. 7, Maujpur, Shahdara being on 100 sq. yards of land comprised in Khasra Nos. 142 and 143 of Village Maujpur was purchased by him under an agreement to sell, Ex. PW-1/4 executed in his favour by Kartar Singh on 6. 1. 1989 who had also executed a receipt, ex. PW-1/3, in his favour when he received Rs. 25,000/- from him and had also executed a power of attorney of even date, Ex. PW-1/2, empowering him to deal with the property and that at that time the construction consisting on the land was one shop and a hand pump. He alleged that the suit property was delineated as per plan, Ex. PW-1/1, and that after acquiring the property he raised further constructions thereon by constructing two rooms on the ground floor and one room with bath and toilet on the first floor. He stated that for some time he conducted business of a sweet meat shop but closed the same and locked the property in the month of April 1994 and that the defendants illegally and forcibly occupied the suit property on 3. 5. 1994. Alleging that he served a notice dated 22. 9. 1995, Ex. PW-1/6, posted vide receipts Ex. PW-1/7 and PW-1/8 under registered post, as also under certificate of posting vide certificate, Ex. PW-1/9, calling upon the respondents to hand over possession; stating that none was handed over, the suit was filed.

(3.) THE suit was resisted by respondent No. 1, pleading that the appellant was his uncle and that he had full faith in the appellant and being desirous of purchasing a house he asked the appellant to find a suitable property and purchase the same for him and that the entire sale consideration of Rs. 25,000/- was paid by him to the appellant in January 1989 for payment to the seller when the suit property was purchased from Kartar Singh. It was pleaded that being close relations, respondent No. 1 never bothered to check on the title documents and that since January 1989 was in possession of the property and that in April 1993 he constructed two further rooms on the ground floor, a staircase leading up to the first floor as also a room on the first floor. It was pleaded that respondent No. 2 was occupying the room on the first floor.