JUDGMENT

THOMMEN, J.:—This appeal arises from the judgment of the Delhi High Court dated 7-11--1974 in Regular First.Appeals Nos. 156-D and 167-D of 1963. The appellant, Sohan Lal, is the second defendant in the. civil suit instituted in the Court of the Senior Sub-Judge, Delhi by the second respondent herein, Jagan Nath Bhayana. The first respondent in this appeal, the Union of India, is the first defendant in the suit.

2. The main relief sought by the plaintiff in the suit was for possession of House No. 35, Block No. 21, Box-type tenement in West Patel Nagar, New Delhi, or in the alternative for specific performance of sale of the aforesaid house, or for damages in the sum of Rs. 13,000/ - together with costs. The suit was dismissed by the learned Sub-Judge against the second defendant, Sohan Lal, the appellant herein. But it was decreed against the first defendant - the Union of India - the first respondent herein, to the extent of awarding damages in the sum of Rs. 13,069.31 with proportionate costs. That was the only relief which was granted by the learned Sub-Judge. Both the Union of India and Jagan Nath Bhayana filed Regular First Appeals Nos. 156-D and, 167-D of 1963 respec