TARSEM LAL Vs. BALBIR SINGH

JUDGEMENT

(1.) INSTANT civil revision has been filed under Section 115 of the Code of Civil Procedure (in short "the Code") read With Article 227 of the Constitution of India for setting aside the judgment and decree dated 12.10.2012 (Annexures P -18 and P -19) whereby trial Court has decreed the suit filed by respondent no. 1 -plaintiff under Section 6 of the Specific Relief Act (in short "the Act") and has ordered for delivery of possession of the suit property to respondent no. 1. Parties hereinafter will be referred as per their status in civil suit.

(2.) SHORN of unnecessary details, the facts relevant for disposal of the present petition are to the effect that plaintiff filed suit under Section 6 of the Act for possession and permanent injunction in respect of the house/plot shown in red and marked with letters 'ABCD' in the site plan attached with the plaint. The suit property is bounded as under:

(3.) UPON notice, the defendants put in appearance and filed written statement by taking preliminary objections as to the maintainability, locus standi, mis -joinder and nonjoinder of necessary party, estoppel and limitation. On merits, it is averred that neither the plaintiff is owner, nor in possession of the suit property. In fact, the plaintiff has no concern with the suit property. Even Jagir Ram never came in possession of the suit property as attorney of defendants. Jagir Ram has no right to alienate the suit property. The alleged power of attorney is illegal, null and void and even the mutation on the basis of alleged sale deed is illegal. Defendant no. 1 has constructed six rooms, two verandahs, two kitchens, two bathrooms in the disputed property and the plaintiff has no concern with the property in dispute.