ASSA RAM Vs. SUGNA

JUDGEMENT

(1.) THIS revision petition is directed against the decision of the Additional District Judge, Panipat, dated 28 9. 1991, by which the cross-appeal filed by the petitioner was dismissed, because the petitioner did not file a certified copy of the judgment of the trial court alongwith the appeal.

(2.) BRIEFLY stated, the facts of the case are that the plaintiff-respondents filed a suit seeking a decree for possession against the defendant petitioner, inter alia, on the ground that Bhartu was the owner of the suit land; that Bhartu died issueless leaving behind the respondents as his next heirs, and that the petitioner, after the death of Bhartu, has illegally occupied the suit land.

(3.) THIS suit Was contested by the defendant-petitioner, inter alia on the ground that the plaintiff-respondents had no locus standi to maintain the suit and that Bhartu had himself filed a suit challenging the decree, which was dismissed and the appeal filed by Bhartu was also dismissed as having abated It was further submitted that the defendant-petitioner is the adopted son of Bhartu and was the sole heir of Bhartu.