PRADEEP MAHESHWARI Vs. KASHINATH MAHESHWARI

JUDGEMENT

(1.) An Original Suit (Original Suit No.248 of 2011) was filed by the appellant herein for cancellation of a gift deed dtd. 18/8/2010 and for perpetual injunction. A counter claim was filed in the said Original Suit. The Original Suit was dismissed, whereas the counter claim was decreed. The Trial Court directed the appellant-plaintiff to hand over the possession of the suit property to the respondent no.2- defendant no.2 within 30 days. The plaintiff was further directed to pay Rs.100.00 per day as occupational charge till the possession is handed over to the respondent no.2. Two Civil Appeals (Civil Appeal No. 56 of 2015 and Civil Appeal No. 68 of 2015) were filed under Sec. 96 of the Civil Procedure Code, 1908. Both the Civil Appeals, filed by the plaintiff, have been dismissed vide impugned judgment dtd. 30/3/2018, passed by learned Ist Additional District Judge, Haridwar.

(2.) The present Second Appeals have already been admitted.

(3.) The affidavits, filed by the appellant in both the Appeals, are taken on record.