MAHINDER PAL SINGH Vs. ALI HUSSAIN KHAN F+

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for possession, damages and mesne profits.

(2.) PLAINTIFF claims himself to be the absolute owner of a piece of land measuring 160 sq. yds (24' x 60') forming part of Khasra No.1498 situated in Village Rangpuri, Tehsil Mehrauli, New Delhi, which is bounded as under:

(3.) LEARNED counsel for the plaintiff submits that defendant was a chowkidar/caretaker of the aforementioned "Vasant Kunj Enclave Housing Welfare Society (Regd.)', he was looking after the work of the society and also taking care of the properties of the members of the society including that of the plaintiff. Counsel further submits that plaintiff raised a boundary wall after purchase of the said plot and thereafter in the year 2004 plaintiff also raised kucha structure consisting of two rooms. Counsel next submits that plaintiff received summons in the suit filed by defendant for permanent injunction wherein defendant claimed himself to be in occupation and possession of the suit plot since the year 1989. Defendant also claimed that he became the owner of the said plot by means of an adverse possession and his possession with the passage of time had matured into ownership by way of adverse possession. According to the plaintiff documents annexed by the defendant in the suit filed by the defendant did not pertain to the years prior to 2004 -2005. Counsel also submits that although in order to create false evidence in his favour, defendant had also procured an electricity connection somewhere in the month of June, 2005, besides he also obtained an identity card dated 18.10.2008 in his name from the Office of Election Commissioner of India. Counsel submits that faced with the above situation plaintiff has filed the present suit.