GURJANT SINGH Vs. BALJEET SINGH

JUDGEMENT

(1.) The aforesaid three appeals filed by the defendants, are being decided together, as they arise out of the judgments passed by the trial Court, dtd. 14/1/2020, as well as the lower Appellate Court, dtd. 7/4/2022, pertaining to the same suit property and between the same parties.

(2.) This is the defendants' second appeal against the judgment of the trial Court, dtd. 14/1/2020, whereby respondents-plaintiffs' (hereinafter referred to as 'the plaintiffs) suit for possession of the vacant plot measuring approximately 1225 Sq. yards situated within lal lakeer of village Rodewal, Tehsil and District Patiala, was decreed. The appeal against the same was dismissed by the lower Appellate Court vide judgment and decree dtd. 7/4/2022.

(3.) The facts in brief are, the plaintiffs pleaded to be the owner of the plot in question. It was purchased by their father/grand-father, Teja Singh, from its owner namely, Devinder Pal Singh, by registered sale deed dtd. 24/4/1987. On this basis, the plaintiffs' father became owner. He died on 8/11/1999. After his death, the plaintiffs being legal heirs of the deceased Teja Singh, became owner of the said plot and remained in possession of the said property being legal heirs till 2006. It was further pleaded that appellants-defendants (hereinafter referred to as 'the defendants') illegally occupied the plot/property in question in 2006 being trespassers. Their possession was unauthorized without any right or interest. In 2007, the plaintiffs requested the defendants to vacate the suit land. They promised to do so in the year 2010. They were again approached by the plaintiffs in 2010, that time the defendants promised to vacate the plot in 2013. When the plot was not vacated, the instant suit was filed by the plaintiffs.