SURINDER KUMAR Vs. DHANI RAM BEDI

JUDGEMENT

(1.) This regular second appeal by the defendant/appellants, is directed against the judgment and decree dated 22.10.1986, passed by the learned courts below vide which suit filed by the deceased plaintiff for possession stood decreed.

(2.) Dhani Ram, deceased plaintiff filed a suit for possession against the defendant-appellants on the pleadings, that he was the owner of the site in dispute as he purchased, the house from Gulshan Rai vide sale deed dated 15.3.1982. The case set up by the plaintiff was that he was in possession of the house as tenant under the vendor. Defendant/appellants taking advantage of the absence of the plaintiff took forcible possession of the site in dispute about 2 months prior to the filing of the suit. Suit was filed on 30.4.1984. The case of the plaintiff was that the defendant/appellants had no right in the suit property. Suit was contested. Certain preliminary objections were taken, that the civil court had no jurisdiction to try the suit, and that the suit was not properly valued for the purpose of court fee and jurisdiction. On merit, allegations made in the plaint were denied and a specific stand was taken that the defendant-appellants were in possession of the property as tenants under Gulshan Rai.

(3.) In the replication, the plaintiff/respondent reiterated the averments made in the plaint, and denied those made in the written statement. On the pleadings of the parties, learned trial court framed the following issues:-