ARJAN SINGH Vs. BABU RAM

JUDGEMENT

(1.) THIS is defendant's appeal and has been directed against the judgment and decree dated 6.8.1980 passed by the Court of Additional District Judge, Ambala, who allowed the appeal of the plaintiff- respondent by setting aside the judgment and decree dated 12th January, 1979 passed by the Court of Sub Judge IInd class, Ambala City who dismissed the suit of the plaintiff-respondent Shri Babu Ram.

(2.) THE brief facts of the case are that plaintiff purchased the Bara measuring 55 feet x 40 feet from Smt. Jagiro and Bachni daughters of Bir Singh vide sale deed dated 25.6.1974 for a sum of Rs. 2000/- and also got possession of the property. It is further alleged by the plaintiff that the defendant Shri Arjan Singh took the possession of the Bara unauthorisedly and became illegal owner on 13.1.1975. Resultantly, earlier the plaintiff filed a suit for injunction but the suit was dismissed as withdrawn with permission to file a fresh one on the same cause of action. Therefore, he has filed the present suit for possession of the said Bara.

(3.) FROM the pleadings of the parties, the trial Court framed the following issues :