LAWS(PAT)-1986-11-7

VIJOY KUMAR SANAN Vs. GURDAYAL CHAND SUNDA

Decided On November 19, 1986
VIJOY KUMAR SANAN Appellant
V/S
GURDAYAL CHAND SUNDA Respondents

JUDGEMENT

(1.) ON the facts and in the circumstances of this case and with the consent of the parties, this application is being disposed of at this stage itself on the merits.

(2.) TITLE, Suit No. 67 of 1986, was filed by the respondent for declaration of his title in respect of schedule C property and also for confirmation of possession. Relief was also prayed for permanently restraining the appellant from disturbing the peaceful possession of the respondent over the suit property.

(3.) ACCORDING to the respondent, after he purchased the property, he filed an application for mutation of his name as well as the name of the appellant and after mutation of their names, the rent was paid by the respondent. The respondent produced in the court below the certified copy of the order of the mutation, rent receipts, correction slips and also a cutting from a local newspaper published on April 22, 1985, in which the respondent asserted that he was the real owner of the property. In order to show that the original sale deed was with him and was given to the respondent at his request, the appellant produced a letter dated December 15, 1972, alleged to have been written by the firm to him while the latter was at Batala. That is annexure 3 to this memorandum of appeal. It is the case of the parties that they constituted a partnership firm known as G.S. Refractories. He also filed an affidavit alleged to have been shown by Santhosh Mahto, one of the transferors, in support of the fact that the property was not purchased benami by the respondent. The court below did not notice the effect of the letter and the affidavit.