GAYATRI GUPTA Vs. BIMLA DEVI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 10th February, 2017 in RCA No.10/14 (60731/16) of the Court of the Additional District Judge (West)-01] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 29th January, 2013 in Suit No.129/03/09 (Unique ID No.02401C547872003) of the Court of the Civil Judge (Central-02)] of dismissal of suit filed by the appellant/plaintiff against the respondent/defendant.

(2.) This appeal came up first before this Court on 16th May, 2017, when the following order was passed:-

(3.) Not only no documents were filed to prove the ownership, the appellant/plaintiff has also not filed documents to show acting upon the ownership of the suit property by showing mutation in the municipal record. There is however a ground 'M' which is urged in this regular second appeal of mutation having been done vide receipt dated 7.6.2009 but this receipt has also not been filed and proved in the trial court by the appellant/plaintiff. In fact, it is stated that the appellant/plaintiff thereafter has continuously paid property tax and he has the original receipts with him.