PYAR CHAND Vs. JAGJIT SINGH SAWHNEY AND ORS.

JUDGEMENT

(1.) THE present second appeal has been preferred by the appellant/ defendant to assail the judgment and decree dated 24.05.2015 passed by the First Appellate Court, namely District & Sessions Judge (West), Delhi in RCA No. 37/2012 preferred by the appellant. By the impugned judgment, the said first appeal has been dismissed, and the judgment and decree passed by the learned Civil Judge (West), Delhi in Suit No. 362/2012 filed by the respondents against the appellant have been affirmed.

(2.) THE respondents/ plaintiffs had filed the original suit to seek recovery of possession, mesne profits and damages against the appellant/ defendant. The case of the plaintiffs was that property bearing No. XII/2452 -56, 2472 -76 and 2482 situated in Basti Punjabian, Roshanara Road, Subzi Mandi was sold in public auction by two separate registered sale deeds dated 18.11.1972 and 16.11.1972 in favour of Sh. Jagdish Rai and Sh. Pravesh, sons of Shri Mulkh Raj and M/s. Dharam Singh through their legal heirs, namely Basant Kaur, Jagjit Singh Sawhney and Gurcharan Singh Sawhney, sons of late Sh. Ram Singh Sawhney in equal shares. Subsequently, this property was partitioned by a registered partition deed executed between the said purchasers. Property bearing No. 2452 -56 came to the share of plaintiffs in the said partition. Accordingly, the name of plaintiffs was mutated in the record of Municipal Corporation of Delhi with respect to the said property No. 2452 -56. The plaintiffs are Sh. Jagjit Singh Sawhney and the legal heirs of Sh. Gurcharan Singh Sawhney.

(3.) IN his written statement, the defendant/ appellant, inter alia, stated that prior to 03.05.2000, the plaintiffs never claimed possession of the suit property from the defendant. The case of the defendant was that the suit property was originally under the occupation of one Sh.Sahib Singh S/o Sh. Prabhat Singh since the year 1955. Later, Sh.Sahib Singh handed over possession to Sh. Sant Singh S/o Sh. Krishan Singh and he executed a power of attorney on 18.04.1990. Thereafter, Sh. Sant Singh handed over the possession of the suit property to Sh. Om Prakash and executed a GPA on 11.06.1990. Sh.Om Prakash then handed over the possession of suit property to the defendant and executed a GPA on 24.08.1990. Since then, the property was claimed to be under the use and occupation of defendant.