RAMA NAND Vs. ROOP RAM

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 16th April, 2014 in RCA No.18/2011 (Unique No. 02401C0723232007) of the Court of the Additional District Judge-5, Central District, Tis Hazari Courts, Delhi] of dismissal of first appeal under Section 96 of the CPC preferred by the appellant / plaintiff against the judgment and decree [dated 31st May, 2007 in Suit No. 585/06/03 of the Court of Civil Judge, Delhi] of dismissal of suit filed by the appellant / plaintiff for declaration that he is in cultivatory physical possession of the land measuring 2 bighas out of Khasra No.655/1, 875/1/1 and 880 in the Revenue Estate of Village Rajokari Pahari, New Delhi and for permanent injunction restraining the respondent / defendant Roop Ram and defendant / Ram Chander, being the father of the appellant / plaintiff and the respondent / defendant Roop Ram and who has since died, from interfering with the possession of the appellant / plaintiff and / or from dispossessing the appellant / plaintiff therefrom.

(2.) The appeal came up before this Court first on 3rd September, 2014, when it was adjourned to enable the counsel for the appellant / plaintiff to take instructions whether the appellant / plaintiff was in possession of the land or not. Vide the same order, the record of the Suit Court and the First Appellate Court was also requisitioned.

(3.) Vide judgment dated 22nd December, 2014, after hearing the counsel for the appellant / plaintiff and holding that no substantial question of law arises, the appeal was dismissed. However on review sought by the appellant / plaintiff which was allowed on 9 th March, 2018, the order of dismissal of the appeal was recalled and the appeal again set down for admission.