DHARAM PARKASH Vs. KEJANG BUTIDH

JUDGEMENT

(1.) Present First Appeal has been preferred by the appellant-plaintiff (hereinafter referred to as 'the plaintiff') against dismissal of his suit for possession vide judgment, dated 1st January, 2005, passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P. in Civil Suit No. 19 of 2002.

(2.) As per plaint, the case put forth by plaintiff Dharam Prakash is that respondent No. 1 Kejang Butidh (hereinafter referred to as 'defendant No. 1') had filed a Civil Suit in the Court of Senior Sub Judge, Kinnaur at Reckong Peo for declaration, with consequential relief of permanent prohibitory injunction, restraining the father of plaintiff, i.e. Narpal Singh, as well as Panma Medup and Tanzin Giachho respondents No. 2 and 3 (hereinafter referred to as the 'proforma defendants'), claiming her title on the suit property on the basis of verbal agreement to sell between father of the plaintiff and defendant No. 1, which was partly decreed vide judgment, dated 13th September, 2000 (Ex. PC), restraining the father of the plaintiff and proforma defendants from interfering in the possession of defendant No. 1 over the suit property in future, in any manner, till she was legally ejected from it in accordance with law, after holding that her possession on the suit property was legal and permissive, but dismissing the suit qua the relief of declaration of title of ownership on the suit property claimed by defendant No. 1. Further that the appeal preferred by defendant No. 1 Kejang Butidh against the said judgment before the learned District Judge was dismissed in default, vide order dated 27th December, 2001 (Ex. PA), for non-appearance of defendant No. 1 (appellant therein). Before dismissal of the said appeal, Narpal Singh, father of plaintiff, had expired and Dharam Prakash (Plaintiff herein) was substituted as respondent therein as a legal heir of deceased Narpal Singh during the pendency of the appeal.

(3.) Now, plaintiff Dharam Prakash is claiming his title on the basis of the aforesaid judgment Ex. PC, which has attained finality between the parties, wherein claim of defendant No.1 Kejang Butidh for title as owner was dismissed.