KHILAR SINGH Vs. CHAND KIRAN TYAGI

JUDGEMENT

(1.) THE plaintiff has filed this suit for recovery of possession, mesne profits etc. in respect of plot no. D-54, admeasuring 96 sq. yds. forming part of khasra no.283/2 in village Chhattarpur(hereinafter referred to as the 'suit property ') on the allegations that he is the owner of the same but the defendants have illegally dispossessed him and taken its possession on 25th July,2005. It is stated in the plaint that the suit property originally belonged to M/s D.B. Rewari, R.N. Rewari and P.P. Rewari whom sold the same and delivered its possession to P.D. Aggarwal and Hakumat Rai, partners of M/s Prabhu Land and Finance. They then sold it to the plaintiff herein on 24th February, 2005 by way of agreement to sell etc. After having purchased the suit property, the plaintiff deputed one Tilak Raj as a care taker of the suit property and since the day the suit property had been bought it was in the hands of Tilak Raj who was taking care of it. However, on 25th July, 2005 Tilak Raj informed the plaintiff that the defendants had come to the suit property around 10.30 p.m. and that defendant no. 4 was armed with a sword and defendant no.1 was carrying a pistol and the other two defendants and some ladies who were accompanying them were all armed with lathis and asked Tilak Raj to leave the suit property and forced their entrance into the suit property. The plaintiff could not visit the suit property as he was terrified that time but went there the next day i.e. 26th July, 2005 along with his friends and found the property to be in illegal possession of the defendants. On seeing the plaintiff defendants pushed him and his friends out of the suit property and threatened him of dire consequences if he came again. This deterred the plaintiff to lodge any complaint that day but later when he approached the local police it refused to take any action because of the defendants ' nexus with the local police and high-ups in the police department.

(2.) IT has been stated in the plaint that defendant nos. 1 and 4 form a notorious land mafia and have been involved in many criminal cases including that of rape, extortion, land grabbing etc. Since police was reluctant to register a case against the defendants, the plaintiff filed a complaint in the Court of the concerned Magistrate and upon his directions FIR was registered by the police on 26th November, 2005. It is further pleaded that despite having been sent legal notice dated 19th March, 2008 for vacating the suit property and also to pay damages @ Rs. 10,000/- per month the defendants did not pay anything for unauthorized use and occupation of the suit property.

(3.) THE defendants have chose not to contest this suit and so the plaintiff led ex parte evidence by way of his own affidavit in which he affirmed all the aforesaid facts pleaded in the plaint.