MOHAN SINGH KOHLI Vs. BRIJ BHUSHAN ANAND

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for possession of a plot of land which the trial court has decreed in favour of the plaintiff-respondent. The facts giving rise to the suit are few and may be summarised as under:

(2.) The suit property comprises a vacant plot of land bearing Municipal No. L-21, Kalkaji, New Delhi which was acquired by one Sh. Thanda Ram on a long lease of 99 years commencing from October 12, 1971 in terms of a registered lease deed dated 31.05.1972. In the year 1973 the said plot of land was purchased by Late Sh. Brij Bhushan Anand, the deceased plaintiff who is now substituted by his legal representatives. The transfer is evidenced by a sale deed duly executed and registered in favour of the purchaser in March, 1973.

(3.) Briefly stated the plaintiffs case was that he had been in exclusive possession of the suit property ever since the date he came in possession pursuant to the sale deed mentioned above. His further case was that since he was living in the United States of America, the defendants had, taking advantage of his absence and the fact that the land was lying vacant constructed a garage and put up a temporary shed on the same apart from building a brick wall around the plot in the year 1983. Civil Suit No. 113/1985 was in that backdrop filed against the defendants for possession of the plot in question & also for an injunction restraining them from interfering in future with the use and occupation of the property by the plaintiff.