INDER MOHAN SINGH Vs. SUBE SINGH

JUDGEMENT

(1.) The appellants have challenged the judgment dated 15th April, 2013 whereby their appeal against the decree for possession passed by the learned Civil Judge has been dismissed by the First Appellate Court. For the sake of convenience, the appellants have been referred to as "the defendants" and the respondent as "the plaintiff" as per their ranks before the Trial Court. Factual Matrix

(2.) The plaintiff instituted a suit for recovery of possession and rent/mesne profits in respect of property bearing No.3347, Ranjit Nagar, New Delhi against the defendants. The plaintiff prayed for decree of possession of the plot of land underneath property No.3347, Ranjit Nagar, New Delhi; mandatory injunction for directing the defendants to remove the superstructure over the plot of land; decree for Rs.196/- towards arrears of rent/damages for the period of 1st January, 2008 to 30th April, 2010; and future mesne profits/damages for use and occupation after an enquiry under Order XX Rule 12 CPC. The case set up by the plaintiff in the plaint is as under:-

(3.) The defendants contested the suit by filing the written statement dated 28th September, 2010 in which they disputed the locus standi of the plaintiff as well as his father to be the owner/landlord of the suit property. The defendants pleaded that the plaintiff's father Late Ram Swaroop represented himself to be the owner of the suit property and promised to show the title documents to the defendant's grandfather but failed to do so. The defendants also raised the plea that the suit was barred by limitation and not valued properly. The defendants also raised the objection of having become owners by adverse possession. On merits, the defendants vaguely denied all the averments made in the plaint without giving any specific reply whatsoever.