VIDYA PRAKASH Vs. OM PARKASH

JUDGEMENT

(1.) THIS is a Letters Patent Appeal under Clause 10 of the Letters Patent against the judgment of the learned Single Judge dated February 3, 1988 passed in RFA No. 161 of 1988 dismissing the appeal of the defendant- appellant and affirming judgment and decree passed for possession of small booth No. 1 (corner), Sector 22-D, Chandigarh in favour of the plaintiff- respondent Om Parkash by the Sub-Judge Ist Class, Chandigarh.

(2.) FACTS of the case in brief are as follows :-

(3.) IN replication, the plaintiff reiterated the allegations made by him in the plaint and pleaded that he paid a sum of Rs. 1,770.75 on 28.12.1963; and Rs. 6,165.33 on 15.12.1983 to the Estate Officer, Capital Project, Chandigarh and the Estate Officer, Chandigarh Administration, Chandigarh respectively. Possession of the defendants was permissive. He is not aware if Banarasi Dass took Rs. 15,000/- from Vidya Parkash-defendant as alleged by him. It was denied that he received Rs. 25,000/- in the year 1977 and executed any receipt. He further pleaded that the receipt allegedly executed in favour of defendant No. 1 is fabricated.