HANUMAN Vs. GURBACHAN SINGH

JUDGEMENT

(1.) The respondents-plaintiffs filed suit for permanent injunction restraining the appellant-defendant from taking possession of portion marked BCEF forcibly. It was alleged that the plaintiffs purchased plot measuring 24' x 51' from Kanshi Ram vide sale deed dated 27.4.1970 and another adjoining measuring 20' x 51' from Satbir Singh and Harbans Singh vide sale deed dated 14.3.1973 and became owners of both the plots and thereafter made constructions on a part of the property. The defendant contested the suit and submitted that he had got the possession of portion BCEF from Ganga Ram son of Girdhari and ownership was derived from Mahavir Saran by purchase vide sale deed Ex.D-1, dated 7.11.1977.

(2.) The trial Court dismissed the suit holding that the plaintiffs failed to prove their title to a part of the property shown with letters BCEF in the site plan, Ex.P-2. The appellate court reversed the finding and decree of the trial Court and held that the plaintiffs were proved to be owners in possession, as there had never been any dispute about title of predecessor of the plaintiffs and in any case, the defendant had no right or title to the suit property, as neither the sale deed was shown to be related to the plot in question nor judgment Ex.D-2 was shown to be relating to the same property.

(3.) Counsel for the appellant argued that the plaintiffs had not been able to prove the title of their predecessor and the defendant was able to prove his title on the basis of sale deed and a previous judgment.