ASHISH BANSAL Vs. SUNIL GOEL

JUDGEMENT

(1.) By way of present appeal filed under Order XLIII Rule 1(r) CPC, the appellants have assailed the order dtd. 21/8/2018 passed by the learned Additional District Judge-05 (South), Saket Courts, New Delhi in Civil Suit bearing No.729/2017 whereby the application under Order 39 Rules 1 and 2 CPC filed on behalf of the appellants/plaintiffs was dismissed by the Trial Court.

(2.) The controversy in the present case relates to a parcel of land admeasuring 4 Bighas 16 Biswas situated in Khasra No.157, Village Rajpur Khurd, Tehsil Mehrauli, New Delhi. While the appellants claim to be joint owners of 600 sq.yds. of land by virtue of an Agreement to Sell dtd. 12/1/1992 executed in their favour, the respondents claim to be joint owners of 1 Bigha out of the aforesaid parcel of land by virtue of a registered Sale Deed dtd. 28/1/1991 executed in pursuance of an auction.

(3.) Learned counsel for the appellants would urge that 1 Bigha of land out of the said Khasra purchased by the respondents has not been demarcated and in the guise of the said purchase, the respondents have illegally occupied the appellants ' land.