BRIJ LAL SHARMA Vs. KANHAIYA LAL

JUDGEMENT

(1.) PLAINTIFF Brij Lal filed a suit for possession, mandatory injunction and recovery of damages against the defendants alleging therein that the plaintiff was owner and landlord of property bearing No. 414 (old No. 11-12), ward No. 18 Kashmere Bagh, Kishan Ganj, Delhi as he had purchased the property from Sh. Ashok Kumar s/o Sita Ram vide registered sale deed dated 5th December, 1991. Sh. Ashok Kumar was beneficiary under a Will' executed by late Sahib Ditta Mal, the original owner and the landlord of the property. The plaintiff stated that Sahib Ditta Mal, during his lifetime had instituted an Eviction Petition No. E-9/84 against the defendant. However, the learned ARC dismissed the petition vide order dated 3rd February, 1992 on the ground that letting in this case was in respect of open land and the court of Rent Controller had no jurisdiction.

(2.) ANOTHER petition filed by Sahib Ditta Mal against the defendants was dismissed in default. The plaintiff pleaded since letting was held in respect of open land, only Civil Court had jurisdiction so a Civil Suit was filed for possession and claiming damages from the defendants.

(3.) THE defendants No. 2 and 3 filed written statement and stated as under: