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1971 Supreme(Del) 57

S.N.ANDLEY
MAHANT PREM DASS CHELA MAHANT BHOLA DASS – Appellant
Versus
JOTI PERSHAD – Respondent


Advocates Appeared:
MADAN BHATIA, R.M.LAL, S.N.CHOPRA

S. N. ANDLEY, J.

( 1 ) THE appellant has filed this appeal against the judgment dated June 6, 1962 of the Additional District Judge, Delhi, whereby the finding of the trial Court that the present suit filed by the appellant was barred under section 11 of the Code of Civil Procedure by reason of the judgment dated July 12, 1947, in Suit No. 17 of 1947, of the Subordinate Judge 1st Class, Delhi, has been affirmed.

( 2 ) THE house in dispute which is situate in Mohalla Dassan, Delhi, was leased out to the respondent with effect from December 18, 1935 by a registered deed of lease by Mahant Bhola Das who was the last Mahant in respect of the temple and Thakurdwara of Charan Dassi which had been founded by one Swami Rup Ram. The lease was for a period of 10 years with effect from December 19, 1935 and expiring on December 18, 1945. Mahant Bhola Das died on November 11, 1939 and upon his death one Uma Shankar Shastri filed a suit in the Court of the Civil Judge Meerut claiming succession to Mahant Bhola Das. The appellant was one of the defendants in the said suit. The Civil Judge, Meerut, gave a judgment on October 11, 1944 decreeing the suit and holding that Uma Shankar Shastri was th











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