GURPREET SINGH Vs. SUNIL DUTT

JUDGEMENT

(1.) The instant regular first appeal under Sec. 96 of the Code of Civil Procedure, 1908 ('CPC') seeks to assail the judgment and decree dtd. 29/11/2016 passed by the Court of ADJ-06 (South-East) Saket Courts, New Delhi in CS No. 733/16, whereby, the suit for possession and damages qua the property being J-17, Aliganj, B.K. Dutt Colony, New Delhi (hereinafter 'the suit property") has been decreed in favour of the respondents/plaintiffs.

(2.) The respondents/plaintiffs claim to be the absolute owners of the suit property on the basis of the conveyance deed dtd. 8/3/1995, duly executed by the President of India, whereas, the appellants/defendants claim perfection over the title of the suit property by way of adverse possession in succession of their uncle, namely Sardar Balbir Singh. The original defendant, namely Bhag Singh had expired on 13/2/2009 during the pendency of the Civil Suit and therefore, the appellants/defendants being the legal heirs of the original defendant have filed the instant appeal challenging the impugned judgment and decree.

(3.) The suit property admeasuring about 127 square yards comprising two small rooms, kitchen, bathroom, lavatory, lobby and tin shed, was originally allotted to one Jai Singh Khosla by the Government of India vide perpetual lease deed dtd. 12/4/1961. Thereafter, upon the demise of Jai Singh Khosla, the suit property was mutated in the records of authorities in the name of his wife i.e., Rajinder Kaur Khosla. Jai Singh Khosla was survived by his wife and two sons, namely GS Khosla and Bijinder Singh.