DEVI CHARAN Vs. RANPAT SINGH

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India by the petitioners, challenging the order dtd. 25/4/2019, passed by learned Additional District Judge (Central), Tis Hazari Courts, Delhi in Execution Petition No. 1089/2018, titled 'Devi Charan and Anr. Vs. Ranpat Singh and Ors."

(2.) Brief factual matrix is that petitioner filed a Suit bearing No. 13547/2016, seeking decree for possession in respect of portion marked with letters 'E',"F',"G' and 'H' and shown in red colour in the site plan of property No. 1, Under Hill Road, Civil Lines, Delhi-110054, admeasuring about 305 sq. yards. The suit culminated in a decree dtd. 16/4/2018 in their favour, directing the respondents to handover the vacant and peaceful possession of the property i.e. land measuring 305 sq. yards in property No. 1, Under Hill Road, Civil Lines, Delhi, as shown in red colour in site plan Ex. PW-4/9 within a period of two months to the plaintiffs.

(3.) Respondents in their written statement, contested the claim on the ground that they had been in possession of 400 sq. yards of the suit property since 1937 and had acquired ownership right through adverse possession. The trial court, after examining the pleadings and evidence, rejected respondent's claim and decreed the suit in favour of the petitioners.