SURINDER KUMAR Vs. PAWAN KUMAR

JUDGEMENT

(1.) This is the second appeal filed by the defendants in a suit filed by the respondent seeking possession of a house (fully described in the judgment of the learned trial court), on the basis of a sale deed stated to have been executed in his favour on 30.5.1996, with him further seeking a decree of permanent injunction restraining the defendants (present appellants) from alienating any part of the house in dispute to any other person.

(2.) In their written statement, the appellant-defendants took a plea of being in adverse possession of the suit property after the date of the execution of the sale deed on 30.5.1996, with such possession alleged to be open and hostile for 12 years and they therefore having become owners of the suit property.

(3.) Other 'usual preliminary objection's were also taken, with it contended on the merits of the case, that they along with one Jiwan Kumar were previous owners of the house in dispute, as even admitted by the plaintiff, though they denied that he had come into possession on 30.5.1996.