SWARUP SINGH Vs. RAM GOPAL KAUSHIK

JUDGEMENT

(1.) THIS appeal has been preferred by the plaintiffs against the judgment and order dated 18.1.2000, and its decree -cum -formal order dated 24.1.2000 passed by Civil Judge (S.D.) Roorkee, District Haridwar in Civil Appeal No. 1/1997, Ram Gopal Kaushik Vs. Swarup Singh and others, whereby the appeal was allowed and the judgment decree dated 9 -12 -1996 passed by Civil Judge (J.D.) Roorkee, District Haridwar passed in O.S. No. 193/1983 was set aside and the case was remanded back.

(2.) THE relevant facts giving rise to this appeal, in short, are that the plaintiffs/appellants instituted a suit before the Civil Judge (J.D) Roorkee, against the defendants/respondents for eviction, of the defendants from the property in suit; for possession and for the removal of the unauthorized constructions made over the property in dispute. According to the plaintiffs they are the owner of Khokha situated over Khasra No. 1028/1 in Mohalla Maktulpuri near Ram Nagar Camp, Qasba Roorkee. In October 1979, the aforesaid property along with its premises was given to the defendants for six months as licensee. When the defendant did not vacate the suit property, notice dated 2 3.5.83 was served upon him by which the defendant was asked to remove his possession within 30 days, but did not pay any heed to it, hence the suit was filed.

(3.) THE defendant No. 1 filed W.S. before the Civil Judge (J.D.) and denied the plaint case. According to the defendant the suit property was a vacant land and about 18 -20 years ago he took possession over 75 feet X 45 feet land and thereafter raised construction over it. The plaintiffs had already sold their land in the year 1952 by registered sale deed to Bhawanti Devi. The disputed land is part of Khasra No. 1029 and not of Khasra No. 1028/1.