GANPAT RAM SHARMA Vs. GAYATRI DEVI

JUDGEMENT

(1.) These appeals by special leave are from the judgment and order dated 28th of August, 1980 of the High Court of Delhi. Three appellants, Jai Bhagwan, Pearey Lal and Ganpat Ram, were inducted into premises No. 3240, Kucha Tara Chand, Daryaganj, Delhi by the then landlord, Shri Dina Nath. The families of the appellants consisted of about 7 or 8 members per family living in one room each on the ground floor of the said premises. Shri Pearey Lal, one of the appellants, had one side store room along with the room and Shri Jai Bhagwan had one small tin shed on the first floor. The appellants were also sharing the terrace.

(2.) In 1952 the land and building situated at No.A-6/25, at Krishna Nagar, Delhi was purchased by one Nathu Ram, father of the appellant Ganpat Ram and Pearey Lal together with the appellant Jai Bhagwan, his son-in-law. The building consisted of two rooms, two kitchens and a Barsati.

(3.) Three applications were made by the appellants under O. 41, R. 2 of C.P.C. on or about 4th of August, 1980. The High Court pronounced its judgment without disposing of these applications on or about 27th of August, 1980 and proceeded to hold against the appellants on the basis of an adverse inference that the three appellants had built the house in Krishna Nagar, whereas a copy of the sale deed would show that the said house was bought and not built by Nathu Ram and Jai Bhagwan, and were not by the two of the three appellants.