SATNAM SINGH Vs. SANT SINGH

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 12.3.2004 decreeing the suit of the respondent/plaintiff for recovery of damages on account of illegal occupation by the appellants/defendants of the suit property being C -150, Maya Puri, Phase -II, New Delhi.

(2.) BEFORE I refer to the facts of the present case it is necessary to be noted that admittedly the appellants/defendants led no evidence in the Trial Court because a statement was made that no evidence is required to be led by the appellants/defendants. Not only no evidence was led on behalf of the appellants/defendants, the appellants/defendants did not even cross examine the witnesses of the respondent/plaintiff.

(3.) THE appellants/defendants contested the suit by filing the written statement. It was pleaded that the defendant no.1 is the co -owner of the suit property and the lease deed of the suit property was in the favour of four partners , i.e. Sardar Sant Singh (plaintiff), Dharamvir Singh, Madan Pal Singh and Satnam Singh (defendant no.1). The claim for damages was hence denied.