DARSHAN SINGH Vs. MOTI RAM

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree of the Courts below by which their suit for recovery of possession has been dismissed.

(2.) THE plaintiffs filed suit for recovery of possession from Moti Ram, defendant No. 1 of land measuring 2 Marias out of land measuring 17 Marias comprised in Khasra No. 134 after removal of superstructure and Malta thereof, situated in village Darapur, alleging that they were owners of the suit land and that Moti Ram, defendant No. 1 was in illegal possession thereof. According to the plaintiffs, Moti Ram has set up illegal construction over the site in dispute in which he runs Halwai shop. They pleaded that remaining land of Khasra No. 134 is in possession of Karam Singh, defendant No. 2 who has absolutely no right or interest in the suit land and was not authorised to lease out the land to defendant No. 1.

(3.) MOTI Ram, defendant. No. 1 contested the suit and denied the ownership of the plaintiffs for want of knowledge. He also denied that he was in illegal possession over the suit land. Rather, he pleaded that Karam Singh, defendant No. 2, being attorney of Pritam Singh, who was the original owner of the land in dispute, leased out the site in dispute to him on a monthly rent of Rs. 10/- and that he built shops over the same in accordance with the terms of tenancy. Moti Ram further pleaded that his right in the site in dispute was not affected even if Pritam Singh had transferred the suit property to the plaintiffs. Objections regarding proper valuation and maintainability of the suit in the present form were also taken. It was also pleaded that the suit was collusive and the plaintiff were estopped from filing the suit by their act and conduct.