ISHWAR SINGH Vs. SUNDER SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 16.2.2006 which had endorsed the finding of the trial judge dated 05.6.2004 whereby the suit filed by the plaintiffs Sunder Singh and another seeking recovery of possession of the suit property comprising of 3 biswas in khasra No.1233/3/8 and 2 biswas in 1233/1/1 (total 5 biswas) i.e. about 250 sq. yards situated in village Kishan Garh, Mehraulim New Delhi (hereinafter referred to as ,,the suit property) had been decreed in his favour.

(2.) CONTENTION of the plaintiff is that they are the owners of the suit property. Defendants had illegally designed to usurp the suit property. Upon the death of their father Mani Ram defendants forcibly took possession of this suit land. On 03.11.1989 defendants undertook to restore possession back to the plaintiff but to no avail. Suit was accordingly filed.

(3.) ORAL and documentary evidence was led. Trial judge returned a finding in favour of the plaintiff. The suit was decreed. This was affirmed in appeal.