HOSHIAR SINGH Vs. OM PRAKASH

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 30.8.2003 which had endorsed the finding of the trial judge dated 30.9.1997 whereby the suit filed by the plaintiff Om Prakash seeking possession of shops bearing No. 902 and 902A, Mehrauli in occupation of the Defendants had been decreed in his favour.

(2.) The plaintiff is stated to be the owner of premise No. 348, Ward No. VIII, Meena Bazar, Mehrauli, New Delhi. He had purchased this property on 16.9.1975 vide sale deed Ex.PW-1/1. Defendants were stated to be in unauthorized occupation of two shops i.e. shops bearing No. 902 and 902/2A, Ward No. VIII, Meena Bazar, Mehrauli, New Delhi which numbers had been allotted by the Municipal Corporation without authority. Defendants in spite of requests failed to vacate the suit property. Suit was accordingly filed.

(3.) In the written statement, it was contended that the ownership of the plaintiff was denied. Plea of adverse possession had been set up by the Defendants.