ALI HUSSAIN KHAN Vs. MAHINDER PAL SINGH

JUDGEMENT

(1.) Suit record has been summoned and perused. Respondent's suit, to the extent decree for possession has been claimed against the appellant, has been decreed under Order 12 Rule 6 of the Code of Civil Procedure.

(2.) Respondent had sought possession of 160 sq. yds. land comprised in Khasra No. 1498 village Rangpuri, Tehsil Mehrauli, on the averment that he had paid full sale consideration to its owner, Smt. Asha Jindal, on August 31, 1989 and had received possession under an agreement to sell of an even date and had obtained a Will from Smt. Asha Jindal. It was pleaded that a colony called Vasant Kunj Enclave came to be developed around the land in question and the land was a part of the colony. Qua the appellant it was alleged that he was a Chowkidar employed by the Colony Association and that he illegally grabbed the plot.

(3.) In the written statement filed, the appellant claimed that the land was notified for acquisition and thus pleaded that the respondent had no title to the land. Qua his right, appellant pleaded that he was in uninterrupted possession for the last 20 years and was residing on the land.