LAKHMI Vs. MAHAVIR

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree dated 15.6.1982 passed by learned Sub Judgment Ist Class, Faridabad vide which suit filed by the respondent/plaintiff for possession by way of pre-emption was decreed, and also against the judgment and decree dated 11.3.1983 passed by learned District Judge, Faridabad, whereby the decree granted by the trial Court has been affirmed.

(2.) EARLIER , this Court vide order dated 4.8.2004 accepted the appeal and set aside the impugned judgments and decrees in view of the decision rendered by the Apex Court in Atam Parkash v. State of Haryana and others, 1987 RRR 116 : AIR 1986 SC 859. The respondent/plaintiff challenged the order passed by this Court before the Hon'ble Supreme Court in Civil Appeal No. 301 of 2007 arising out of SLP No. 25897/25898 of 2004. The Apex Court remitted the matter to this Court. The operative part of the order reads as under :-

(3.) ISSUE No. 1 was decided in favour of the plaintiff. On issue No. 5, it was held that since the defendant has raised construction within one year after sale, therefore, he is not entitled to any compensation for the same. Accordingly, the suit was decreed. Since aggrieved, defendant No. 1 Lakhmi filed an appeal against the judgment and decree of the trial court. Before the 1st Appellate Court, learned counsel for the appellant/defendant conceded issue No. 1, as there was ample evidence to prove the relationship between the pre-emptor and the vendor and thus, only issue No. 5 was left before the Court for adjudication. After considering the pleadings of the parties, evidence on record, the 1st Appellate Court dismissed the appeal of the defendant.