MADAN SINGH Vs. LADLI PERSHAD JAISWAL

JUDGEMENT

(1.) THIS Regular Second Appeal impugns the concurrent judgments of the courts below; of the trial court dated 31.1.2000 and the appellate court RSA Nos.48 -50/2006 & 45 -47/2006 Page 1 of 10 dated 16.9.2005; by which the suit of the respondents/plaintiffs for possession with respect to property bearing No.476, Haveli Haider Quli, Chandni Chowk, Delhi has been decreed.

(2.) THE facts of the case are that the respondents/plaintiffs were the owners of the adjoining property bearing No. 477, Haveli Haider Quli, Chandni Chowk, Delhi. That the appellants are tenants of the respondents/plaintiffs in this property bearing No.477 is not in dispute. Appellants are said to have illegally encroached upon the suit property bearing No.476, and therefore the subject suit for possession came to be filed.

(3.) THE trial court with respect to issue Nos.2 and 3 has held as under: -