SURESH AND ANOTHER Vs. SEWA SINGH AND OTHERS

JUDGEMENT

(1.) CM No.7789-C of 2010

(2.) As per the averments, Sh. Chhotu, father of the plaintiffs, was owner in possession of the suit property which was allotted to him during consolidation. He died on 12.5.2002 and the plaintiffs along with their sisters became owners in possession of the suit property. However, the defendants have forcibly occupied the same and raised construction without any authority. Despite the plaintiffs request to hand over the possession, they refused to do so. . Hence the present suit for possession.

(3.) Upon notice, the defendants put in appearance. Defendant No.1 filed written statement and submitted that the suit was not maintainable. It was further stated that the plaintiffs were neither owners nor in possession over the suit land because as per the demarcation report dated 29.11.2004, the defendants were using the suit land since long by constructing their residential houses. The plaintiffs never requested for delivery of possession and that a false suit was filed by them which deserved to be dismissed.