SURINDER CHOPRA Vs. PREM WATI

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 16.04.2002 which had reversed the finding of the trial judge dated 15.10.1985. Vide judgment and decree dated 15.10.1985, the suit of the plaintiff Smt. Prem Wati seeking possession, mandatory injunction and damages of the suit property had been dismissed. The impugned judgment had reversed this finding. The suit of the plaintiff stood decreed.

(2.) plaintiff claimed herself to be the owner of plot No. 43-C and 44-C measuring about 200sq. yards in Janta Garden Colony, Village Gharonda, Patpar Ganj, Delhi. She was a resident of Punjab. On 19.06.1974, she came to Delhi and found a room constructed in the gali between her two aforenoted plots. She objected; on intervention of the respectable members of the locality, the matter was referred to the Tehsildar, Delhi. The Filed Kanoongo gave a demarcation report of the plots on 14.07.1974. This report was in favour of the plaintiff. Meanwhile, Defendant No. 1 started raising illegal construction in said plot. Suit No. 406/74 was filed by the plaintiff seeking permanent injunction against the Defendant from raising any further construction. Contention of the Defendant was that he was the owner of plot No. 63-C comprised in khasra No. 53/8 and 56/3 measuring about 550 sq. yards. Suit was dismissed on the ground that it is not maintainable. This was vide judgment dated 16.09.1974. Present suit was accordingly filed. Before filing this suit, a legal notice dated 21.10.74 was served upon the Defendants claiming damages for their illegal use and occupation.

(3.) In the written statement, the preliminary objection taken was that the suit had not been valued correctly for the purposes of court fee and jurisdiction; plaintiff was not the owner of the said property; suit property belongs to Smt. Nirmal Nand, Smt. Surinder Chopra, Varsha Chopra and Shakuntala Chopra; description of the property had not been properly given. On merits, it was stated that the Defendant had purchased this plot i.e. Plot No. 63-C, Janta Garden Colony in the year 1956; he had sold it to Defendant No. 2. Defendant Nos. 3 to 5 had obtained their title from Defendant No. 2. Report of the Field Kanoongo dated 14.07.1974 was disputed. It was contended that the Defendants were in possession of the suit property in their own right.