OM PRAKASH Vs. UMED SINGH

JUDGEMENT

(1.) Om Parkash, Naresh, Birbal, Jal Singh and Ram Niwas (hereinafter referred to as Om Parkash etc.), filed a Civil Suit No. 1131 of 19.1.1993 against Umed Singh, Daya Nand, Kure Ram and Dakha (hereinafter referred to as Umed Singh etc.), for permanent injunction to restrain them from raising any construction over the plot bearing Khewat No. 223, Khata No. 307, Khasra No. 294 measuring 8 biswas Pukhta, situated in the revenue estate of Shekhupur (Rampura), Tehsil and District Gurgaon (hereinafter referred to as the suit property) on the ground that the same has been sold to them by Badlu son of Ballu through his power of attorney-Zile Singh vide a registered sale deed dated 11.7.1990 for a consideration of Rs. 75,000/-. They also prayed for a decree for mandatory injunction directing the Defendants to hand over vacant possession of the suit property to them.

(2.) The Defendants contested the suit with the pleadings that Badlu was the original owner who had allowed the predecessor-in-interest of the Defendants to use the suit property for their residential purposes as licensees who are in possession for over more than 50 years. Earlier, predecessor-in-inter-est of the Defendants constructed kacha houses, but about 12 years back, the said houses were demolished by them and pucca houses have been constructed. They are paying chuhla tax and having electric connections in their names after the construction of pucca houses, the licence in their favour had become irrevocable and the Plaintiffs have no right to seek injunction as prayed for.

(3.) While this suit was pending, the Defendants in the aforesaid case filed Civil Suit No. 1535 of 8.11.1995, which was instituted on 7.12.1993. Not only, five Plaintiffs of Civil Suit No. 1131 of 1993 but also Badlu son of Ballu and Zile Singh son of Parbhu Ram were arrayed as Defendant Nos. 1 and 2 in the said suit.