RAM KISHAN Vs. KALU ALIAS KARAM SINGH

JUDGEMENT

(1.) THE defendant is in appeal against the judgment and decree passed by the learned first appellate Court whereby the suit filed by the plaintiff for declaration to the effect that the plaintiff is owner in possession of the house constructed on the land bearing khasra No. 36//23/1 and that the defendant has no right, title or interest of any kind whatsoever in the said property was decreed.

(2.) THE plaintiff-respondent has filed a suit for declaration to the effect that he is owner in possession of the house constructed on the land bearing khasra No. 36//23/1 situated within the revenue estate of village Uplana and that the defendant has no right, title or interest of any kind whatsoever in the abovesaid property. The defendant married the daughter of plaintiff. The plaintiff provided him shelter in his house and also gave him land measuring 1 kanal out of the total land bearing khasra No. 36//23/2. Sale deed was also executed of the said land in favour of the defendant on 28.5.1993. The defendant has assured the plaintiff that he will construct his house on the land given to him but the defendant did not construct the house on the land sold to him and threatened to transfer the house constructed on khasra No. 36//23/1.

(3.) THE trial Court found that the plaintiff has sold one kanal of land in favour of the defendant wherein the defendant was to construct his house. The defendant being his son-in-law was permitted to stay in the house owned by the plaintiff but he has no right over the house of the plaintiff. The plaintiff produced the revenue record to prove that khasra No. 36//23/1 was owned by the plaintiff. On the other hand, the defendant led evidence to the effect that the land was given to him after proper demarcation. He has got electricity connection as well as water connection. He also gave the name of the worker who had constructed his house.