SHER SINGH Vs. SHAM SINGH

JUDGEMENT

(1.) Sher Singh has filed this appeal under Clause X of the Letters Patent against the judgment and decree of the learned Single Judge of this Court, dated 22nd of December, 1975 by which his suit for possession was dismissed. The facts of the case read as under :-

(2.) The learned Single Judge found that the suit of the plaintiff was for possession and based on title, and was not a suit under Section 6 of the Specific Relief Act, that the plaintiff had failed to prove his title to the property, and that in view of the Full Bench judgment of the Allahabad High Court in Lachman v. Shambhu Narain and others,1911 33 ILR(All) 174, he could not be granted any decree for possession of the land under Section 6 of the Specific Relief Act even if the suit had been filed within six months of the alleged date of dispossession.

(3.) Mr. R.K. Aggarwal, learned counsel for the appellant contested the aforesaid findings of the learned Single Judge and submitted that the plaintiff had proved his possession over the property in dispute, that the judgment of the Allahabad High Court in Lachman's case has been over-ruled by their Lordships of the Supreme Court in Nair Service Society Limited v. K.C. Alexander and others, 1968 AIR(SC) 1165 that the defendant did not prove any right or title of his in the property and that the plaintiff was entitled to a decree for possession on the basis of his possession.