MCD Vs. DALJIT SINGH BHATIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) VIDE impugned judgment and decree dated 9. 4. 2003 suit filed by the respondents seeking decree for possession and mesne profits has been decreed. Appellant and DESU who were impleaded as defendants 1 and 2 have been directed to surrender possession of the land mark "x" and "y" in the site plan Ex. PW-1/1. Mesne profits in sum of Rs. 1,00,000/-have been awarded, to be paid in the ratio 9:1 by the appellant and DESU.

(3.) THE short issue which arose for consideration before the learned trial Judge was whether the respondents were the owner of the suit land and whether the appellant and DESU had trespassed into the same. An ancillary issue also arose whether the claim for possession and mesne profits was barred by limitation. Certain technical defences were urged and in respect whereof issues were framed but since at the hearing of the appeal learned counsel for the appellant has urged submissions limited to the findings returned on issue No. 7 and additional issue No. 1 we would be noting the facts relevant for said issues.