Lokesh vs Rajbir Singh on 16 January, 2023
8. Subsequently thereto, the matter was fixed for final arguments
which were heard conclusively on 21.11.2016. After, hearing the final
arguments, Learned Trial Court came to the conclusion that the suit of
plaintiff deserves to be dismissed for the relief claimed in the plaint.
Firstly, as the evidence led by the attorney of plaintiff appearing on his
RCA No. 23/2017 Shiv Kumar through its LRs Vs. Rajbir Singh Page No. 5 of 18
behalf, and, deposing before the Court as PW1 was not considered tenable
keeping in view of the judgment of Janki Vashdeo vs. Indusind Bank Ltd.,
AIR 2005 SC 439, Secondly, because, of the defective pleadings, of the
plaintiff as he had miserably failed to exactly specify the time of
construction undertaken by the defendant, after grabbing the suit property,
Thirdly, the exact length and width of the plot of the plaintiff as occupied
by the defendant was not clear, and, admittedly, no valid recognized site
plan of the suit property in question was ever annexed alongwith the other
property documents at the time of transfer of property from one party to
the another; and Finally, the documents were not proved by the plaintiff in
accordance with the provisions of Indian Evidence Act and the best
admissible evidence had not been put forward by the plaintiff.