DANI AND ANR Vs. SURAJ BHAN AND ORS

JUDGEMENT

(1.) This regular second appeal by the defendant/appellants is directed against the judgment and decree dated 21.07.2004, passed by the learned lower appellate court, vide which suit for possession filed by the plaintiff/respondent stands decreed.

(2.) The plaintiff/respondent filed a suit against the appellant/defendant, on the pleadings, that Mahi Ram father of the plaintiff and proforma defendants was the owner in possession of the plot, comprised in Khasra No. 648/97, which was allotted to him vide allotment registry No. 437 dated 10.2.1977. Mahi Ram was delivered possession of a different plot where he got his house constructed which, in fact, belonged to Richhpal Singh, resident of Dhani Phogat. Richhpal Singh filed a suit for ejectment against the plaintiff and proforma defendants in which he succeeded. On coming to know that the plaintiff and proforma defendants were, in fact, owners of plot in Khasra No. 648/97, measuring 3 marlas, which was in possession of the defendant-appellant, a suit for ejectment was filed.

(3.) Suit was contested by raising a preliminary objection of suit being time barred. Plea of estoppel was also raised. It was also pleaded that the suit was not properly valued for the purpose of court fee and jurisdiction.