REV SINGH Vs. RISHI PAL

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 27.9.2007 which has endorsed the finding of the trial judge dated 24.5.2005 whereby the suit filed by the Plaintiff Rev Singh seeking permanent injunction against the Defendant with a prayer that the Defendant be restrained from dispossessing the Plaintiff from plot measuring 200 sq. yards and 75 sq. yards ( as depicted in the site plan) in khasra No. 170, Village Sabhapur, Tehsil Seelampur, District North East Shahadara, Delhi (hereinafter referred to as the suit property) had been dismissed. Plaintiff claimed himself to the recorded bhumidar of the aforenoted suit property. He had carved out plots and sold them to some purchasers. Plaintiff had retained two plots measuring 200 sq. yards and 75 sq. yards for himself. He had made boundary wall of bricks around the said plots. Defendants being influential persons in collusion with the police threatened to dispossess the Plaintiff. Present suit was accordingly been filed.

(2.) Defendant No. 1 and 2 were proceeded ex parte. Defendant No. 3 was the only contesting Defendant. It was stated that the Plaintiff has not come to the court with clean hands. Defendant No. 3 has purchased a plot measuring 150 sq. yards from the son of the Plaintiff namely Bharat Singh who had represented himself to be the owner of the property having an equal share being a coparcener in the ancestral land. The sale consideration had been received by him. Physical possession of the said plot had been handed over to the contesting Defendant. Further contention was that the Defendant had also filed a suit against the Plaintiff and his son as both were creating a hindrance in the construction of the boundary wall which was purported to be made by the Defendant No. 3.

(3.) On the pleadings of the parties, the following five issues were framed: