VASDEV Vs. MUNICIPAL COMMITTEE, GURGAON

JUDGEMENT

(1.) The appellant-plaintiffs filed a suit for declaration and permanent injunction and in the alternative for possession alleging that the plaintiffs predecessor purchased the suit property on 2.8.1923 from the District Board and a house was constructed thereon in the year 1978 the defendant-Municipal Committee started asserting its title and obtained Teh Bazari writing from the tenants of the plaintiffs; if the purchase of the said property was not proved, the plaintiffs had become owner by adverse possession. The defendants contested the suit and stated that the site in question had been given on Tehbazari to one Badlu Ram and Gopal Dass vide order dated 24.11.1975.

(2.) The trial Court dismissed the suit holding that the case of the plaintiffs that the site in question was purchased by them and that the same was in possession of their tenants on behalf of the plaintiff could not be accepted. It was further observed that none of the three tenants have been produced in the witness-box nor any counter-foil of the receipts were produced in the rent notes Exhibits PW3/1. PW3/2 and PW3/3 no khasra number of the site was mentioned; the evidence of PW5 Vasdev did not prove that the site in question was part of khasra No. 125 and his mere statement was not sufficient; DW1 Bhim Singh-Junior Engineer had stated that Hari Chand was in unauthorised possession from whom the defendants took the possession; DW2 Gian Chand, Tax Superintendent, proved the applications of Amir Singh, Badlu Ram and Gopal Dass of Tehbazari and agreement executed in their favour Ex.DW2/A, DW2/B and DW2/C. From this, the trial Court held that the site in question belongs to the Municipal Committee. The appellate Court dismissed the appeal.

(3.) Counsel for the appellant formulated the following substantial question of law at the time of hearing on 4th October, 2001 :