AKHTARI KHATOON Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and decree dated 19.8.1980 passed by the court of the Additional District Judge confirming the order of the Sub-Judge 1st Class dated 4.4.1978 whereby the suit of the plaintiff/respondent stood decreed.

(2.) The plaintiff/respondent had filed suit no.456/1973 against the defendant/appellant for possession of an area measuring 11'. 6"x 4'.9" forming part of a room and another area measuring 11'.0"x 2'.3" of the open space in house no.8135 (part) situated in Mohalla Chimney Mill, Bara Hindu Rao, Delhi. It was alleged that the aforenoted area situated on the first floor and the passage to which is from the stairs of the adjoining house i.e. house no.8136 had illegally and wrongfully been usurped by the defendant by encroaching upon the aforestated land after removing the intervening partition wall.

(3.) The adjoining house i.e. house no.8136 was owned by Sh.Suraj Prakash and Sh.Kasturi Lal who had sold the same to Smt.Shanti Devi; after the death of Smt.Shanti Devi her legal heirs i.e. defendant nos.7 to 10 had sold the same to defendant no.1 vide sale deed dated 17.1.1972.