DHARAM PAL Vs. SHANTI DEVI

JUDGEMENT

(1.) The plaintiff is in appeal. He filed a suit for possession. It was claimed by him that he was the owner in possession of the land in dispute. The plaintiff as well as the defendants are the owners of 1/2 share of a house. It was further claimed that the defendants had encroached upon some land belonging to the plaintiff after constructing a wall there forcibly.

(2.) The suit was contested by the defendants. It was claimed that the suit was barred under the provisions of Order 2 Rule 2 of the Code of Civil Procedure. On merits, it was denied that they had encroached upon any portion of the property belonging to the plaintiff. They also denied the joint ownership of the property alongwith the plaintiff. The defendants pleaded that Shanti Devi, defendant No. 1 had purchased a specific portion of the property in question and as such she was exclusive owner of the aforesaid property.

(3.) The learned trial Court, on the basis of evidence led by the parties, held that the plaintiff had failed to prove that he was the owner of the property in dispute. It was further held that in fact the plaintiff failed to produce on record the sale deed on the basis of which he was claiming the ownership and alleging the encroachment by the defendants. On the basis of the aforesaid findings, the suit filed by the plaintiff was dismissed.