MUKESH KHURANA Vs. RAMESHWAR SHARMA & ORS.

JUDGEMENT

(1.) Cm No. 4815/2018 (Exemption)

(2.) The facts of the case are that the respondent no.1/plaintiff is the owner of shop no. X-21, West Patel Nagar, New Delhi having purchased the same from the earlier owner Smt. Parvati Devi on 4.9.199 Ownership of the respondent no.1/plaintiff stands mutated in the records of the L & DO. The husband of the defendant no.1 and the father of the appellant/defendant no.2 was a tenant in a part of the property admeasuring 10'X10' on rent of Rs.80 and that subsequently in March 1990 additional portion of 5'X10' on the back of the tenanted premises was let out making the total area let out as 15'X10'. The defendants however had illegally occupied an area of the courtyard in front of the tenanted shop covering 10'X8', and therefore, the subject suit was filed to seek possession of this front courtyard illegally taken possession of by the defendants, including the appellant/defendant no. Respondent nos. 2 and 3 in this appeal are the other legal heirs of the deceased defendant no.1 and respondent nos. 2 and 3 were substituted in place of the deceased defendant no.1 during pendency of the suit.

(3.) As per the joint written statement filed by the defendants suit was prayed to be dismissed. It was stated that the defendants were in possession of the suit property since the year 1992 and the suit filed in the year 2008 was beyond limitation. Ownership of the respondent no.1/plaintiff with respect to the shop no. X-21 was also denied. As regards the suit area it was stated that the same is a covered varanda in forming part of shop no.X-21.