HANSRAJ Vs. JAGMINDER SINGH

JUDGEMENT

(1.) CM No. 34804/2017(Exemption) Exemption allowed subject to just exceptions.

(2.) The facts of the case are that the respondents/plaintiffs pleaded that they had become owner of the suit property by purchase of the same from the previous owner by virtue of documentation dated 18.12.2008. It was pleaded that the appellant/defendant was already in possession of the suit property and handed over possession to the respondents/plaintiffs who had purchased the same, however, after a few days the appellant/defendant requested the respondents/plaintiffs to allow him to stay in the suit property for some time and, therefore, appellant/defendant was allowed to do so. Appellant/defendant was pleaded to be a licence and who refused to vacate the suit property, and therefore, the subject suit for possession, mesne profits and injunction was filed.

(3.) Appellant/defendant contested the suit and pleaded that appellant/defendant is the owner of the suit property by adverse possession, inasmuch as the appellant/defendant had occupied the suit property in June, 1985. It was pleaded that the appellant/defendant was enjoying the suit property since the year 1985 being in adverse and hostile possession of the same. It was also pleaded that the appellant/defendant in the year 1987 had made construction on the suit property of two rooms, latrine, bathroom and kitchen. It was also pleaded that appellant/defendant had the necessary documents showing his possession of the suit property such as ration card, election identity card etc. The story of the respondents/plaintiffs was denied that appellant/defendant was put in possession by the respondents/plaintiffs. Suit was therefore prayed to be dismissed.