OM PRAKASH SHARMA Vs. KISHAN

JUDGEMENT

(1.) 1. Om Prakash Sharma is the appellant before me. He had filed a suit for possession with regard to plot bearing No. 25/59, Shakti Nagar, New delhi against Shri Kishan predecessor-in-interest of the present respondents. The suit was filed on the basis of title. It was specifically alleged in the plaint that the appellant had become owner of the plot by virtue of a registered sale deed dated September 28, 1978 duly executed in his favour by the then owner Mohd. Yusuf and that the respondent had occupied a portion of the same on or about January 25,1978. The suit was instituted on September 11,1979.

(2.) THE respondent contested the suit principally on the grounds that the appellant was not the owner, that he had himself become owner by adverse possession and that in any case the suit was barred by limitation. The parties went to trial on the following issues:-

(3.) THE learned Subordinate Judge by his judgment dated October 01, 1981 passed a decree for possession in favour of the present appellant holding that he was owner of the suit property, that the respondent had not acquired title by adverse possession and the suit was not barred by limitation. It was also held that the suit was properly valued for the purpose of court fee and jurisdiction.