R.N. DAWAR Vs. GANGA SARAN DHAMA

JUDGEMENT

(1.) Shri R.N. Dawar, plaintiff herein, filed this suit for possession, injunction and damages against Ganga Saran Dhama, hereinafter called the defendant No. 1, on the allegations that he is owner of plot of land measuring 240 sq. yards in khasra No. 634 in Dalhai area, Bhola Nath Nagar, between Babu Ram School and Sarwan Talkies.

(2.) As per the averments made in the plaint the said plot of land was purchased by the plaintiff vide registered sale deed No. 1165 volume 2657 on pages 183 to 185 dated 1.5.51 from Parbhu Dayal, who was the owner in possession of the said plot of land. The plaintiff purchased this plot of land with a view to construct a house thereon but being in service outside Delhi he cold not raise the construction. In Dec., 1981 when he visited the said plot of land, to his surprise he found there a single storey house constructed by the defendant. The plaintiff being the exclusive owner of the said plot of land is entitled to its possession and the defendant has no title, right or interest in the said piece of land and he had illegally and wrongly raised the construction over it. Therefore, the defendant is liable to be evicted from the said plot of land and the plaintiff is also entitled to damages for the use and occupation of the plot of land belonging to him which he estimates at Rs. 10,000.00. Besides the relief of possession and damages for use and occupation, the relief of permanent injunction has also been claimed restraining the defendant, his servants and agents from raising further construction on the said plot and from alienating or encumbering the said plot of land in favour of any one.

(3.) Despite a legal notice dated 15.2.82, the defendant did not meet the demand of the plaintiff which necessitated him to file the present suit.