MAHESH CHANDRA TRIPATHI, J. - (1.) Heard Shri Prateek Sinha, learned counsel for the petitioner and Shri Hari Bans Singh, learned counsel for the respondents.
(2.) Radhey Shyam Sethi is before this Court assailing the orders dated 13.1.2017 and 8.8.2017 passed by Additional District Judge, Court No. 10, Kanpur Nagar in Civil Appeal No. 09/2013 (Radhey Shyam v. Om Prakash).
(3.) Record in question reflects that one Ram Lal, son of Nankau was the owner of House No. 254-A, Ghaukhera, Kanpur Nagar. He executed a sale deed in favour of the petitioner-plaintiff on 26.10.1999 and after execution of the sale deed, the petitioner became the absolute owner of the aforesaid house in question. Shri Om Prakash Chaurasiya-defendant/respondent No. 1 was the tenant of the house in dispute at a monthly rent of Rs. 1300/-. He committed forgery with Ram Lal and obtained Power of Attorney in his favour. He also got a Will executed in favour of his wife namely Smt. Shakuntala Chaurasiya and got her name mutated in the Municipal record as owner of the house in question. When it came to the knowledge of Ram Lal, he immediately cancelled the Attorney and the alleged Will. The petitioner filed the Original Suit No. 1100/1999 in the Court of Civil Judge (Senior Division), Kanpur Nagar for permanent injunction restraining the respondents from transferring, selling or alienating the house in dispute. The second respondent had also filed another Suit No. 1102 of 1999 before the Civil Judge (Senior Division), Kanpur Nagar against the petitioner for cancellation of sale deed dated 26.10.1999. During the pendency of the aforesaid Suits, the petitioner also filed a Suit No. 560/2003 before Judge, Small Causes Court, Kanpur Nagar for eviction and damages against the respondents. All the three Suits were clubbed together. Finally, the Court below vide its judgement and order dated 26.11.2011 had dismissed the Suit Nos. 1100/1999 and 560/2003 filed by the petitioner and allowed the Suit No. 1102/1999 filed by the second respondent.;