RAM AUTAR Vs. RADHEY SHYAM

JUDGEMENT

(1.) SUNIL Ambwani, J. This defendant's second appeal arises out of O. S. No. 63 of 1973 for possession of the house in question. The suit was dismissed on 20-3-1975. The District Judge, Rampur allowed the Civil Appeal No. 240 of 1975 on 23-3-1976.

(2.) ACCORDING to plaint allegations the house in dispute was owned by one Bassi Lal, who died three years prior to the filing of the suit, leaving his widow Mst. Chameli Devi. She was in possession of the house. On 20-7-1973 she transferred it by a registered sale-deed and delivered the possession to the plaintiff. On 22-7- 1973 the defendant Nos. 1 to 3, broke open the lock and took possession of the house in plaintiff's absence. The plaintiff lodged a FIR and then filed the suit two days thereafter for possession and for compensation.

(3.) THE appellate Court proceeded to decide two points for determination: (1) Whether Bassi Lal was the owner of the house in question? (2) Whether the plaintiff acquired any title to the same by transfer?