BHAWANI PARSHAD Vs. BHULEY

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs regular second appeal.

(2.) THE dispute between the parties pertain to an area marked ABCD in plan, exhibit R -1, attached with the plaint. According to the plaintiff this property was owned by one Shri Parmeshwari Dass (now deceased) who sold it to the plaintiffs father (Shankar Lal) vide two sale deeds dated 5.5.1941 and 20.7.1941 (exhibits P -2 and P -3) for consideration of Rs. 99/ - each. It is further case of the plaintiff that Bihari Lal, predecessor -in -interest of the defendant -the respondent was in possession of the property as tenant under Parmeshwari Dass vide rent note dated 1.3.1939, exhibit PW7/A, and after his death defendants became trespassers. It is further case of the plaintiff that on partition as per the civil Court decree the property has fallen to the share of the plaintiff. So, a suit for possession of property and recovery of mesne profits was filed.

(3.) THE case in deed had a chequered history. Suit was dismissed on 3.12.1974 but in appeal the case was remanded to the trial Court for a fresh decision vide order dated 18.9.1975. This time suit was decreed vide judgment and decree dated 24.8.1976 and again the appellate Court accepted the appeal and remanded the case to the trial Court for a fresh decision after permitting the parties to lead evidence.