RANDHIR SINGH Vs. SATISH KUMAR & ORS

JUDGEMENT

(1.) Cm No. 5609/2017 (delay in filing of 16 days)

(2.) The facts of the case are that the appellant/plaintiff claims that his father Sh. Hari Singh was the owner of 275 sq. yds in Khasra No. 59/25 (0-15) situated in extended Lal Dora Abadi of Village Malik Pur, Delhi and that after the death of Sh. Hari Singh by virtue of partition between the four sons of late Sh. Hari Singh, appellant/plaintiff became owner of 93 sq. yds out of 275 sq. yds which is shown in blue colour in the site plan along with the plaint. Appellant/plaintiff claims that after partition and receiving 93 sq. yds the land was mutated in his name on 24.3.1998 and all the family members have accepted the ownership and possession of the appellant/plaintiff. The subject suit for declaration, partition, possession and permanent injunction was accordingly filed and reliefs prayed with respect to the claim of the appellant/plaintiff to 93 sq. yds of land out of 275 sq. yds of land forming part of Khasra No. 59/25 (0- 15) situated in extended Lal Dora Abadi of Village Malik Pur, Delhi.

(3.) Respondents/Defendants filed an application under Order VII Rule 11 CPC and pleaded that identical issue of ownership of the appellant/plaintiff of the suit property was decided in the earlier suit for injunction bearing no.573/2011 filed by the appellant/plaintiff and the claim of the appellant/plaintiff to ownership of the suit property was rejected by a Judgment and Decree dated 8.12.2015 passed by a Civil Judge in Suit No. 573/2011.