HARI CHAND Vs. VIR BHAN AND OTHERS

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment of the learned Trial Court dated 31.10.1981 and that of the learned Appellate Court dated 8.8.1984.

(2.) The plaintiffs-respondents filed a suit pleading that they had purchased two properties bearing nos. A61 an A62 from Rehabilitation Department for a consideration of Rs.9500/- in the year 1958 and a sale certificate was issued in their favour. A certificate was issued in the name of the plaintiffs-respondents and their associates out of whom one Palia Ram had verified the claim to the extent of Rs.3446/- while the present appellant had a verified claim to the extent of Rs.2917/-. The plaintiffsrespondents had paid Rs.3446/- to Palia Ram in respect of his claim. The appellant was in possession of the property bearing no. A62. He filed suit for permanent injunction against the present respondents which was dismissed. Appeal before the Appellate Court was accepted which resulted in filing of the regular second appeal bearing no.849 of 1964 by the present respondents which appeal was accepted on 15.1.1976, which is on record as Ex.P-3. The rights of the parties were effectively determined on the basis of this judgment and the appellant was held entitled to recover Rs.2917/- as consideration of the adjustment of his claim and it was further observed that the appellant was in possession of the shop without any authority, right or title.

(3.) The appellant had contested the suit and pleaded that the respondents had filed the suit after lapse of 18 years and that because of the fact that he was an associate at the time of purchase of the property by the respondents from Rehabilitation Department, he was entitled to the ownership and possession of the property to the extent of 2917/9500. He pleaded that partition had taken place between the parties and he was given his share of the shop and the suit which was filed by him earlier did not pertain to this property A-62.