SUKHBIR SINGH Vs. ROOP CHAND & ORS

JUDGEMENT

(1.) This second appeal is filed by the appellant-plaintiff against the judgment of the first appellate court dated 19.12.2013 by which the first appellate court dismissed the appeal filed by the appellant against the judgment of the trial court dated 17.9.2012. By the impugned judgments of the courts below, two suits of the appellant-plaintiff being suit nos. 18/09/06 and 312/2008 were dismissed. Dispute between the parties, appellant/plaintiff & respondent nos.2 & 3 herein (defendants in suit no.18/2009/2006), pertain to an area of 5 biswas i.e about 250 sq. yds forming part of K.No. 49/41, Village Rani Khera, Delhi.

(2.) (i) The case as put forth by the appellant-plaintiff was that he is the owner of a total of 8 biswas of land situated in K.No. 49/41, Village Rani Khera, Delhi. It was pleaded that appellant-plaintiff was the owner in possession of H.No. 68 falling in K.No. 49/41 having a total area of 8 biswas and which land in the extended abadi originally having an area of 18 biswas was allotted to him in lieu of his agricultural land during consolidation proceedings in the year 1952-53. In the year 1962, appellant-plaintiff claimed that he had exchanged 10 biswas of his land falling in the extended Lal Dora with 10 biswas of land of the defendant nos.2 and 3/respondent nos.2 and 3 falling in the old Lal Dora in terms of a verbal agreement. It was further pleaded that after the exchange appellant-plaintiff, after giving 10 biswas out of 18 biswas, was left with only 8 biswas of land in the extended abadi. Out of 8 biswas of land, on 3 biswas of land, appellant/plaintiff constructed a house and the remaining 5 biswas of land was kept vacant by him for tying cattle etc. Appellant claimed that defendants/respondents have tried to caste a cloud upon this 5 biswas of his land and are trying to encroach upon the same although the appellant-plaintiff is the owner of the same since the year 1952-53. Appellant-plaintiff claimed to be in possession of the suit land shown in red colour in the site plan filed with the plaint and claimed injunction against the defendants from illegally encroaching upon the land of 5 biswas falling in K.No. 49/41.

(3.) The main issue between the parties was as to whether or not there was an exchange deed dated 29.8.1962 which was relied upon by the defendants/respondents no.2 and 3.