PRAHLAD SINGH Vs. GAURAV KUMAR

JUDGEMENT

(1.) THE plaintiff is before this court against concurrent findings of fact recorded by both the courts below in a suit for permanent injunction filed by him seeking to protect possession of a double storey property, situated in Old Anaj Mandi, Palwal, being owner thereof.

(2.) THE size of the property is stated to be 2 x 5 yards: 10 square yards. Both the courts below did not find that the appellant -plaintiff had been able to prove his ownership and possession on the property in dispute, hence, dismissed the suit.

(3.) FROM the aforesaid material on record, the learned court below opined that once the property in question had gone to the share of Rohtas Singh, brother of the present appellant in terms of the family settlement arrived at before this court on 6.8.1976, who had sold the same to Satya Parkash son of Sumer Chand, the claim of the appellant that he was owner of the property and hence in possession, was not made out. The court further opined that identity of the property could not be established vis -a -vis the one allegedly purchased by the appellant vide entry in the bahi on 1.3.1953. Once the property pertaining to which the dispute was sought to be raised was owned by the family, for which partition was effected, there was no question of purchasing the same by the appellant in terms of the entry in the bahi on 1.3.1953. In fact, the entry shows that the same was merely a phad (chabutra) in Anaj Mandi. The appellant has not been able to identify the property with the property allegedly mentioned in the bahi entry as the case set up was for a two storey building. The appellant has not been able to dispute the earlier litigation initiated by him whereby in the eviction petitions filed by him, he had not been able to establish that he was owner or landlord of the property in question and further his admission in the earlier litigation that the property in question had fallen to the share of his brother -Rohtas Singh in the family partition.