BHAGIRATH Vs. KALOO

JUDGEMENT

(1.) THIS is a defendant's second appeal. It arises out of a suit for possession of certain apartments in the house situated in village Chhoti Sadri. The plaintiff is admittedly in possession of other apartments in that house. His case is that he purchased the house in question by a registered sale deed dated 7-7-1959 from one Gabba, who had purchased the same from one Kishna by a sale deed dated 8th September, 1932. It is alleged that the defendant who is the son of Gabba continued to occupy the apartments in question without any authority and conse-quently the plaintiff filed the present suit for possession of the apartments in dispute on 5 10-1962. The defendant-appellant resisted the plaintiff's suit and pleaded that the whole house belonged to him and his father Gabba had no right to sell the same to the plaintiff. It was further pleaded by him that the whole of the sale price was paid by him to Kishna when the sale deed Ex. A. 1 was obtained from Kishna and the name of Gabba was only got entered 'benami' in the sale deed Ex. A 1.

(2.) AFTER recording the evidence produced by the parties the learned Munsiff, Chhoti Sadri decreed the plaintiff's suit and his judgment and decree were upheld on appeal by the defendant by the District Judge, Partabgarh by his judgment dated 5-8-1965. Consequently, the defendant has filed this second appeal.