FAKIR CHAND Vs. DINESH KUMAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant and perused the record. This second appeal has been filed challenging the validity and correctness of the judgment, order and decree dated 6.8.2008 passed by the Additional District Judge, Court No. 4, Bulandshahr in Civil Appeal No. 1165 of 1990, Dinesh Kumar and another v. Fakir Chand and others reversing the judgment, order and decree dated 25.8.1990 passed by the Civil Judge, Bulandshahr in Suit No. 395 of 1983, Dinesh Kumar and another v. Fakir Chand.

(2.) The facts as culled out from the record are that the plaintiffs instituted a Civil suit No. 365 of 1983 against defendant-Sri Fakir Chand (Predecessor-in-interest) of the appellants before the Court of Civil Judge, Bulandshahr for dispossession of the defendant from the property in suit and for damages to the tune of Rs. 100/- per month.

(3.) Defendant filed his written statement inter alia that Smt. Jandi Devi had no right to execute the Will as she was not the owner of the property in suit. It was further claimed by the defendant that for the last more than 30 years he is in possession of the property in suit under his own rights. In paragraph 20 of his written statement it is averred that wife and son of Sri Chaudhary Raghuraj Singh had initiated the Court proceedings regarding ejectment from his shop.