JUDGEMENT
VINEY MITTAL, J. -
(1.) The plaintiff- Gayahra Rudri Chhota Talab alias Mandir Mahadev
Chhota Talab (for short 'the Mandir') has filed the present appeal through
an
alleged worshipper Mansa Ram. The suit in question was filed by the
plaintiff
Mandir through the aforesaid worshipper Mansa Ram. It was claimed that
defendant No.2 Indraj son of Lal Chand is in actual possession of the suit
property
claiming himself to be the tenant of the suit property at the rate of Rs.30
per month
and defendant No.1 Daya Kishan claimed to be his landlord. Both the
defendants
were alleged to have colluded with each other in order to grab the property
belonging to the plaintiff. The plaintiff claimed that the property in question
belongs to the Mandir and that the defendants have no right to claim any
right in the suit property.
(2.) The suit was contested by the defendants. It was claimed by them
that a house bearing No. 163/ MCK in Pundri is owned by defendant No.1.
The
said house is two storied. Defendant No.2 Indraj is in possession of the
suit
property as a tenant under him since long on a payment of Rs.60 per
month on rent
and house tax. It was further claimed by the defendants that suit property
had devolved upon defendant No.1 from his mother Smt. Kalawati. Ownership
of the plaintiff over the property was denied.
(3.) Both the Courts below have found that plaintiff was not shown to be
owner of the suit property in any manner. Consequently, the suit filed by
the
plaintiff was dismissed by the learned trial Court and its appeal failed
before the
learned first Appellate Court.
Besides the fact that findings of fact recorded by the two Courts
below are not shown to be erroneous in any manner, it is also clear that
the suit has
been filed by the plaintiff Mandir through Mansa Ram. No authority has
been
placed on the record of the learned trial Court or before this Court to show
that
Mansa Ram had any right to file the suit in question or the present appeal
on behalf
of the plaintiff Mandir.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.