LAWS(P&H)-2010-7-309

RAJ KANWAR SINGH DHILLON Vs. AKAGER SINGH

Decided On July 29, 2010
RAJ KANWAR SINGH DHILLON Appellant
V/S
AKAGER SINGH Respondents

JUDGEMENT

(1.) Defendant Raj Kanwar Singh Dhillon has filed the instant second appeal after having remained unsuccessful in both the courts below.

(2.) Respondent Akager Singh filed suit for possession of the suit property against the appellant alleging that respondent-plaintiff is owner thereof. The plaintiff is non-resident Indian (NRI). On defendant's request, the plaintiff allowed the defendant to live in one room of the suit house as licensee for some period. However, taking advantage of plaintiff's absence from the country, the defendant illegally occupied the whole house. On demand, the defendant refused to vacate the suit property.

(3.) The defendant inter alia pleaded that the defendant and his family members were given the suit property in lieu of services rendered by them to the plaintiff. The defendant and his family were given option to develop the suit property and to raise construction. They spent a lot of money on new construction and got installed hand pump and electricity fittings. Property was not to be taken back from them. Defendant also pleaded that they are in possession of the suit property for more than 15 years and have become its owners by adverse possession. Relationship of licensor and licensee between the parties was controverted. Various other pleas were also raised.