VIJAY PAL SINGH Vs. PHOOLWATI SHARMA

JUDGEMENT

(1.) The appellant has suffered two concurrent decrees against him. The appeal came up for a preliminary hearing today.

(2.) Whether or not a substantial question of law arise for consideration in the instant appeal would depend upon the perusal of the impugned decrees and the contentions urged at the hearing today.

(3.) Respondent, Phoolwati Sharma, filed a suit for possession and damages against the appellant alleging unauthorized use and occupation against the appellant claiming that she was the owner of property No.RZ-431-E, Raj Nagar, Palam Colony, New Delhi and had constructed 7 shops on the land. She stated for 2 out of 7 shops, bearing Shop No.2 and 3, she had filed 2 suits for ejectment of the son and wife of the defendant who were tenants under her, after determining their tenancy, and that she impleaded the appellant as a co- defendant in the said 2 suits for the reason appellant was in possession of the 2 shops. She further pleaded that in the said suit appellant took a defence that neither his son nor his wife were tenant in respect of the 2 shops. She further pleaded that the appellant took a defence that the land on which the property was constructed belonged to the Gaon Sabha and that his possession was without the consent or permission, much less under authority of the plaintiff. She stated that having failed in the earlier 2 suits i.e. not being able to prove that the son and the wife of the appellant were tenants under her, she pleaded that she was constrained to file the instant suit for possession treating appellant's possession as unauthorized.