RAJINDER KUMAR AND ANR. Vs. SATISH GARG

JUDGEMENT

(1.) This is Defendants' second appeal challenging the judgment and decrees of the Courts below whereby suit of the Plaintiff-Respondent for possession was decreed.

(2.) In brief, the case of the Plaintiff-Respondent is that one Ripudaman Kaur Aulakh was the allottee of the suit property vide allotment letter dated 5.6.1965. After her death, the suit property was inherited by the Plaintiff-Kumar Mohan Singh Aulakh and his brother Dr. Jagat Mohan Singh Aulakh and ownership was changed in their names vide memo dated 6.7.2000 issued by the Estate Officer, HUDA. The Plaintiff constructed a small dwelling unit and a boundary wall and installed a gate on the suit premises. The Appellants had unauthorizedly entered into the premises owned by the Plaintiff by breaking open the locks and had started living in the suit property. The complaint in this regard was also filed on 31.8.2000. An FIR No. 721 dated 25.11.2002 was registered against the Appellants with the intervention of this Court. Request of the Plaintiff to the Appellants to vacate the suit premises carried no fruit. Accordingly, the suit was filed.

(3.) Upon notice, the Appellants filed written statement raising various preliminary objections. It was pleaded that the possession of the Appellants was in continuous, uninterrupted and without any interference from any side in any manner whatsoever. According to them, they were put into possession by one Avtar Singh, who was owner in possession of the suit property and the averments made in the plaint were denied being false. Dismissal of the suit was prayed for.