AMI LAL Vs. P N BAHL

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/defendant against the concurrent Judgments of the courts below; of the Trial Court dated 9.12.1988 and the First Appellate Court dated 10.5.2016; by which the suit for possession filed by the respondent/plaintiff/trust has been decreed. The original defendant in the suit Sh. Ami Lal expired during the pendency of the proceedings and he has been substituted by his legal heirs, who are the present appellants.

(2.) (I) The facts of the case are that the respondent/plaintiff became owner of the suit property viz a plot of land admeasuring 1450 sq. yds. situated at Jamrudpur, Greater Kailash, New Delhi under a Lease Deed dated 21.1.1981 executed by the President of India. This lease deed has been proved and exhibited as Ex.PW1/4. There was earlier litigation filed by the original defendant Sh. Ami Lal against the respondent/plaintiff claiming easementary rights with respect to the disputed portion of the plot in ownership of respondent/plaintiff and which suit no.359/1977 after contest was dismissed by the Judgment dated 29.10.1979. The present suit pertains to encroachment of a part of the property which is the subject matter of the Lease Deed dated 21.1.1981, and which disputed portion is shown in red colour in the site plan Ex.PW1/5 by the trial court having an area of 1877 sq feet. The subject suit is filed for possession with respect to the encroached area shown in red colour in the site plan Ex.PW1/5.

(3.) After pleadings were completed, the trial court framed the following issues:-