PREM NATH WADHAWAN Vs. INDER RAJ WADHAWAN

JUDGEMENT

(1.) Shri Prem Nath Wadhawan, plaintiff herein, filed the Suit praying for a decree for declaration to be passed in favour of the plaintiff and against the defendant to the effect that the plaintiff is the absolute and sole owner of property No. B-5/204 Safdarjung Residential Scheme, New Delhi (also known as Safdarjung Enclave) by way of adverse possession,being in open, hostile and continuous possession and occupation of the same for more than 12 years.

(2.) In brief the facts of the case as are apparent on the record are that plaintiff and defendant both are real brothers. A plot of land bearing No. B-5/204, Safdarjung Residential Schemc,New Delhi measuring 213 square metres was purchased in public auction on 27.6.1971 from the Delhi Development Authority and a residential house was constructed thereon. Since the very inception, the plaintiff alongwith his family has been exclusively living in the said house for the last more than 12 years i.e. since November, 1975 in his own right. During all this period the plaintiff has been in sole and exclusive possession, occupation and enjoyment of the said property and the defendant was also well aware of the same and he had never asserted bis ownership right therein. The possession of the plaintiff in the said property is open, hostile and continuous possession and enjoyment of the said property bearing No. B-5/204, Safdarjung Enclave, New Delhi and the plaintiff has been openly giving out and declaring himself to be the sole and exclusive owner of the said property. Recently the defendant refused to admit the claim of the plaintiff and hence this suit for declaration has been filed.

(3.) The defendant was served, who has filed the written statement in which he has admitted that the plaintiff has been in continuous possession of property No. B-5/204, Safdarjung Residential Scheme, New Delhi from the very inception. His possession is more than 12 years old and that he never interfered with his possession of the property. .