RADHEY SHYAM SHARMA Vs. R. P. SINGH

JUDGEMENT

(1.) The petitioner, before this Court is a plaintiff in a Suit, which was instituted by him, before the Court of Additional Civil Judge (Senior Division), Dehradun, being Suit No. 443 of 2004, Radhey Shyam Vs. R.P. Singh. In the plaint thus instituted by the present petitioner, he had modulated the nature of decree, which was being sought for from the learned Civil trial Court was in the following manner:-

(2.) If the plaint averments in its totality, is taken into consideration, and in particular, in relation to the nature of property, which has been described at the foot of the plaint, it has described the disputed property as to be plot No. 15, over which, there exists certain constructions, which were alleged to have been raised by the Yamuna Valley Engineers Employees Housing Society, the precinct of which had been more appropriately described, in the details of the property, given therein, which is referred to hereunder:-

(3.) The peculiarity of the facts of the present case are that the property in dispute which was the subject matter and in relation to the nature of relief, which has been sought for hereinabove, the few facts, which are admitted by virtue of the pleadings on record are :-