SUBHASH CHANDER BHATNAGAR Vs. RAJESH KUMAR BHATNAGAR

JUDGEMENT

(1.) It is defendants' appeal against the remand order passed by the learned Addl. District Judge, on August 13, 1996.

(2.) Brief facts of the case reveal that plaintiff filed a suit for permanent injunction pleading therein that his father Mr. Jai Kishan Bhatnagar had a residential house situated in Dehry Mohalla, Rohtak, Jai Kishan Dass died leaving behind the plaintiff and his mother Smt. Tara Wati. Smt. Tara Wati was suffering from cancer arid when she could not be treated properly at Rohtak, she alongwith plaintiff shifted to Delhi to reside with her brother for her treatment, after locking the house in dispute. She could not survive and after her death, plaintiff came to Rohtak some 3-4 months prior to filing of the suit and came to know that defendants had unauthorisedly occupied the house in dispute after breaking open the lock and on interrogation they disclosed that they had purchased the house from Smt. Maharani, widow of Makhan Lal. the aunt (Bua) i.e. sister of late Jai Kishan Dass, for consideration of Rs. 5000/- vide registered sale deed dated December 31,1982. When the defendants declined to hand over possession of the house to the plaintiff, he filed the present suit. It is well made out from the pleadings of the parties that even though it was admitted that defendants were in possession, a suit for permanent injunction was filed. However, the defendants contested the cause of the plaintiff and basically pleaded that Maharani, wife of Makhan Lal, was the sole owner of the property in dispute and she sold the same to them vide sale deed dated December 31, 1982 for Rs. 5000/.

(3.) On the pleadings of the parties, following, issues were framed: