SHIV DITTA Vs. KIDAR NATH

JUDGEMENT

(1.) This is a Letters Patent appeal against the judgment and decree of a learned Judge of the Delhi High Court (Himachal Bench) by which the learned Judge had allowed the second appeal of the respondents and reversed the concurring decrees of both Courts below. The plaintiff-appellant had brought a suit for a declaration that he is owner in possession of certain land, which had been sold by Smt. Suhago defendant No. 1 to Kidar Nath defendant No. 2, on 14th October, 1958, and for an injunction to prevent interference with the plaintiff's possession. The plaintiff assailed the validity of the sale on the ground that Smt. Suhago the widow of Thakur Dass, had purported to sell her husband's property, which she had forfeited when she remarried in 1930.

(2.) A number of issues were framed including an issue on the Question whether the suit for a declaration and an injunction to protect possession was maintainable as the defendants were in possession, and therefore, without suing for possession, the plaintiff's suit must fail. Both the Courts below had concurrently found that the plaintiff was in possession. This finding had not been reversed by the learned single Judge.

(3.) Another plea in defence was that the plaintiff was estopped from filing the suit by his acts and conduct. Otherwise, the right of the plaintiff to sue as a reversioner seemed to be admitted. The defendant purchaser had also pleaded that the sale in his favour dated 14th October. 1958, was protected as he was bona fide purchaser for value of the land in suit.