KRISHNA KUMAR Vs. HARDWARI LAL

JUDGEMENT

(1.) These appeals have impugned the judgment and decree dated 12.03.2008 which has endorsed the findings of the trial Judge dated 04.04.2005 whereby the two suits filed by the Plaintiff seeking possession of the suit properties herein described below were decreed:

(2.) The Plaintiff was stated to be the owner of the Plots No. 24 to 27, H-Block, Laxmi Nagar, Delhi. He had purchased them vide a registered sale deed dated 06.02.1959. In 1975, he had constructed a boundary wall around all the four plots. In 1985, the Plaintiff came to know that the Defendant had encroached upon his land and taken illegal possession of 200 square yards of land in Plot No. 27. Inspite of request, the Defendant did not vacate the suit property.

(3.) On 24.04.1985, the Plaintiff filed suit No. 405/1985 against the Defendant. Objection about the valuation of the suit property was raised by the Defendant. The Plaintiff withdrew the said suit on 23.04.1991 with liberty to file a fresh suit.