KUNDAN LAL Vs. KAMRUDDIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the Judgment dated 16.03.2007 passed by the High Court of Punjab Haryana at Chandigarh in RSA No. 1412 of 2002 confirming the Judgment of the courts below wherein the appellants were directed to hand-over the possession of the suit property in question.

(3.) Respondent/plaintiff Kamruddin filed the suit for possession of the suit property. Case of respondent/plaintiffs was that he became a tenant under respondent no. 2/Punjab Wakf Board @ Rs. 50/- per month since 01.04.1990 over the suit property measuring 120 square yard in Khasra No. 270 more fully described in blue and red colour in the site plan attached with the plaint. Further, case of first respondent/plaintiff is that in the month of November 1990, when his family had shifted to village Sikarpur in the wake of riots in the Ramjanam Bhumi & Babri Masjid and he was out of station on his truck, taking advantage of his absence the appellants have taken illegal possession of the suit property and hence first respondent/plaintiff filed the suit for vacant possession.