ISHWAR SINGH Vs. ROHTASH SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 03.01.2006 which had reversed the findings of the trial Judge dated 20.09.2005. Vide judgment and decree dated 20.09.2005, the suit filed by the plaintiff Rohtash Singh seeking recovery of possession in respect of two plots i.e. plots No 132 & 133 measuring 250 square yards situated at Karawal Nagar, Abadi of New Sabha Pur, Illaka Shahdara, Delhi as also recovery of Rs. 1,70,000/ - had been dismissed. Vide the impugned judgment, the suit of the plaintiffs stood decreed.

(2.) THE case of the plaintiffs as is evident from the averments made in the plaint is that the father of plaintiff No. 1 had on 06.02.1989 purchased plot No. 132 of the aforenoted suit property. Plaintiff No. 2 had purchased plot No. 133 on the same day. These plots were purchased through the defendants; defendant No. 1 was a witness to the aforenoted documents of purchase. In November, 2001, the defendant had threatened to encroach upon the property of the plaintiffs. In January -February, 2002, they had encroached upon the land and committed criminal trespass. Suit No. 973/2002 was filed by the defendants seeking an injunction against the plaintiffs; the plaintiffs had made a statement that the defendants would not be dispossessed without due process of law; suit of the defendants stood withdrawn. A second suit was thereafter filed by the defendants seeking permanent injunction and declaration; the plea set up by the defendants was that they had become owners by adverse possession. The defendants have illegally trespassed into the property of the plaintiffs; they are also liable to pay damages @ Rs. 10,000/ - per month. Present suit was accordingly filed.

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