JAI PARKASH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Plaintiff-Jai Parkash has filed this revision petition under Section 115 of the Code of Civil Procedure, impugning judgment and decree dated 29.09.2005, passed by the trial Court thereby dismissing the suit filed by the plaintiffpetitioner against defendant-respondent Rakesh Kumar under Section 6 of the Specific Relief Act, 1963 (for short 'the Act') for recovery of possession of the suit house.

(2.) Plaintiff-Petitioner's case is that he purchased disputed plot from Raj Kumar vide agreement dated 25.06.1999 and took possession thereof from the vendor and raised construction thereon and was owner in possession of the suit house. However, defendant-respondent threatened to dispossess the plaintiff-petitioner from the suit property. Thereupon, the plaintiff-petitioner filed civil suit for permanent injunction against defendant-respondent in July, 2001. During the pendency of the said suit, the defendant-respondent along with other persons took forcible possession of the suit house on 12.09.2001 for which FIR was also lodged by the plaintiffpetitioner's wife Devi Rani.

(3.) The defendant-respondent denied the averments of the plaintiff-petitioner and pleaded that he has purchased the disputed plot from Basant Lal and Vinod Kumar by agreement to sell and took possession from the vendors and raised construction thereon. During the pendency of the civil suit, the defendant also obtained executed registered sale deed dated 18.03.2002 from the aforesaid vendors. The defendantrespondent claimed to be owner in possession of the suit property and denied that the plaintiff-petitioner was dispossessed from the suit house by him.