KULDEEP KUMAR Vs. VINOD SHARMA

JUDGEMENT

(1.) CLAIMING to be the owner of house No. 109 Kucha Acharjian, Dhakki Sarajan, Jammu, Kuldeep Kumar appellant had filed a suit for mandatory injunction directing the respondent -defendant to vacate and handover the possession of a room described in the plaint, to him.

(2.) DENYING the title of the appellant as owner of the house, the respondent, inter alia, had pleaded that the document vesting all the rights in the house in the appellant which he had relied upon, was illegal and had been obtained mischievously and fraudulently by the appellant from the father of the parties. In order to decide the contentions raised by the parties, the trial Court had put them to issues, which read thus:

(3.) DECIDING all the issues in favour of the appellant, the trial Court accordingly decreed the suit against the respondent.