LAWS(RAJ)-2009-2-137

LALA RAM Vs. SHRI DHALJI THROUGH LRS.

Decided On February 16, 2009
LALA RAM Appellant
V/S
Shri Dhalji Through Lrs. Respondents

JUDGEMENT

(1.) HEARD learned Counsels.

(2.) THIS revision petition has been filed by the plaintiff Lala Ram being aggrieved by the judgment and decree of the learned trial Court dt. 06.03.1995 whereby the learned trial Court rejected the suit filed by the plaintiff petitioner under Section 6 of the Specific Relief Act.

(3.) THE learned trial Court by the impugned judgment dt. 06.03.1995 dismissed the suit filed by the plaintiff -petitioner Lala Ram finding inter alia that the plaintiff had voluntarily handed over the vacant possession of the suit shop to the defendant on 14.01.1979 and had failed to prove that he was in possession of the suit shop after the said date 14.01.1979 until 28.07.1979 and the photographs of forcible possession of 29.07.1979 were not proved by the plaintiff -petitioner and, therefore, the plaintiff could not be said to have been forcibly dispossessed from the said suit shop in question and, therefore, was not entitled to a decree of repossession under Section 6 of the Specific Relief Act. The learned trial Court, therefore, dismissed the suit of the plaintiff.