SOHAN LAL Vs. HARI SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal arises out of a Civil Suit No. 319 of 1976 against the judgment and decree, dated October 11, 1979 passed by the learned Additional District Judge, Karnal, reversing the judgment and decree, dated September 27, 1978 of the trial Court.

(2.) THE plot ABCD described in the site plan Exhibit DW1/1 originally belonged to one Mani Ram son of Daya Ram resident of Mohalla Saudagaran, Thanesar. That plot was in possession of Sohan Lal plaintiff-appellant as a tenant under Mani Ram till January 2, 1970. He set up a poultry shed and a Kotha in the plot in question with prior permission of Mani Ram. That Plot was purchased by him along with the poultry shed and Kotha existing thereon vide sale deed, dated January 2, 1970 for a consideration of Rs. 99/-. It was further pleaded that he was in possession of the Plot in question as a tenant under Mani Ram up to January 2, 1970 and from January 2, 1970 to October 20, 1970 as owner. On October 20, 1970, Hari Singh with the help of defendants 2 to 7 took forcible possession of the Plot. It was also averred in Civil Suit No. 435 of 1970, (Exhibit P1) between the parties to this case, the Court of the then Subordinate Judge, Karnal, vide his judgment and decree, dated January 27, 1973, held that the plaintiff (Sohan Lal) was owner of the Plot in question and that the finding regarding the title to the Plot in question has become res judicata between the parties to this case and Sohan Lal filed a suit for possession as owner of the Plot in question claiming continuing damages at the rate of Rs. 10/- with effect from October 20, 1970 till the possession of the Plot in question was delivered to him.

(3.) THE pleadings of the parties gave rise to the following Issues :