VEDPAL SINGH Vs. SABHA CHAND

JUDGEMENT

(1.) This second appeal has its origin in the judgment and decree dated 23.3.1988 passed by the Lower Appellate Court in Civil Appeal No. 168 of 1981 whereby the judgment and decree dated 28.10.1980 passed by trial court in original suit No. 1507 of 1970 were set aside.

(2.) It would transpire from a perusal of the record that the plaintiff instituted suit No. 1507 of 1970 for the relief of mandatory injunction for removal of constructions made in the land displayed in the plaint map i.e. land marked as A.B.C.D.E and F and in the alternative, it was prayed that in case Gher was held not being part of sale deed, a decree for Rs. 3000/- marking return of sale consideration, be passed. To be precise, the plaint allegation is that the plaintiff had purchased Gher marked as A.B.F.E.L from defendant No. 5 Dalel Singh through a registered sale deed dated 2.11.1970 of which the defendant No. 5 had delivered possession to him. Subsequently, it is claimed, the defendants 1 to 4 erected a wall obstructing the plaintiff's access and again raised a Kotha without roof, which resulted in complete closure of plaintiff's access. It is in this background that the suit was instituted by the plaintiff for the reliefs aforestated.

(3.) The trial court in quintessence held the plaintiff not the owner of the land in question marked by letters A.B.F.L. while deciding issue No. 10. However, suit came to be dismissed in so far as land marked by letters ABFL was concerned. However, the plaintiff was held to be owner of the property marked by letters ABFEL and accordingly, passed the decree of declaration. Plaintiff and defendants filed appeal and cross objections respectively. The lower appellate court, however, disallowed the appeal preferred by plaintiff while the appeal in the form of cross objection preferred by defendants culminated in being allowed.