BHARAT BHUSHAN JAIN Vs. UOI

JUDGEMENT

(1.) This Regular Second Appeal is filed under Section 100 of Code of Civil Procedure, 1908 (CPC) impugning the concurrent judgments of the courts below; of the trial court dated 15.01.2000 and the first appellate court dated 08.01.2002; whereby the suit of the appellants/plaintiffs for permanent injunction has been dismissed. Plaintiffs claimed rights in an open piece of land admeasuring approximately 628 sq. yards adjoining the property/house/Kothi no.1, Ansari Road, Darya Ganj, Delhi (hereinafter the subject/disputed/suit plot/property). Injunction was prayed as the plaintiffs alleged that Municipal Corporation of Delhi (MCD) was wrongly unloading bricks on the subject plot. Injunction was prayed against interfering and disturbing the possession and ownership of the plaintiffs. Plaintiffs claim ownership of the subject plot on two basis. First basis was purchase of the suit plot under the registered sale deed dated 25.03.1946 from Begum Zohra Ansari. The second basis for claiming ownership was adverse possession.

(2.) It is required, at this stage, to be stated that suit was originally filed by the predecessor-in-interest of the plaintiffs namely, Sh. Raj Kishan Jain. The present plaintiffs on the death of Raj Kishan Jain have been substituted in place of the original plaintiff.

(3.) Both the courts below have held that the disputed plot of land is Government land and the plaintiffs have no ownership rights in the same.