BASHIR AHMED BHAT Vs. BILAL AHMED

JUDGEMENT

(1.) "As long back as in 1872 (when the CPC of 1859 was in operation), it was observed by the Privy Council that, "the difficulties of a litigant in India begin when he has obtained a decree". The situation, we are afraid, is no better even today. These observations have been made by the Hon"ble Supreme Court of India in the year 2023 in case titled "Pradeed Mehra v. Harijivan J. Mehta", 2023 INSC 958. In the present case, the petitioner, who at the time of filing of this petition was 72 years of age (as mentioned in the petition), started his litigious journey in the year 1997 when he was 56 years of age but has not been able to taste the fruits of the decree earned by him in the year 2003 and upheld by the 1st Appellate Court as well as by this Court, till date when he has attained the age of 82 years.

(2.) The petitioner had filed a suit for recovery of possession of one single storeyed shop situated at Village Thanamandi, which as per the case set up by the petitioner had been illegally occupied by the respondents. It was pleaded in the plaint by the petitioner that he had constructed a shop measuring 16'x11' on the part of the land measuring one marla comprising survey No. 113 min, situated at village, Thanamandi, which was purchased by him from one Sohan Lal by virtue of a sale deed dtd. 8/8/1996. The petitioner had earlier filed a suit for permanent prohibitory injunction against the respondents but during the pendency of the said suit, the respondents forcibly occupied the shop and placed the shutter on the shop. The petitioner thereafter withdrew the suit as the same had been rendered infructuous.

(3.) The respondents objected to the suit preferred by the petitioner by filing a written statement, thereby pleading that Sohan Lal had no right or concern with the land comprising survey No. 113 min, measuring 01 kanal,l5 marlas and the whole of the land had been in possession of respondent Nos. 1 and 2 since 1969-70 by virtue of an affidavit and agreement to sell dtd. 29/6/1976 executed by the original owner of the land, namely, Vishwa Nath.