DWARKA DASS Vs. RAM CHAND AND OTHERS

JUDGEMENT

(1.) The unsuccessful plaintiff has preferred the present appeal.

(2.) Plaintiff Dwarka Dass has contended in the plaint that he was owner in possession of a single storey house and site measuring 186 sq. yards. He became owner of the property under the registered transfer-deed dated 18.6.1935 executed by his father Sarwan Ram. There was some open vacant land towards North adjoining the house of Daulat Ram. That was the subject matter of dispute between the ancestors of Hans Raj and the then Government. On the eastern side, Motan Dass who was allotted with the house had reconstructed the same. The same was in possession of his daughter Basso Devi. 1 st and 2 nd defendants, namely, Ram Chand and Jagdish Chand have illegally taken possession of 49 sq. yards of land out of 180 sq. yards owned and possessed by the plaintiff. The remaining 110 sq. yards are in possession of the plaintiff. 1 st and 2 nd defendants are liable to remove the super-structure put up in the said plot and deliver vacant possession to the plaintiff. Plaintiff would further contend that the 3 rd and 4 th defendants are interfering with the possession of the plaintiff with respect to 110 sq. yards of vacant plot and that therefore, they should be restrained from interfering with the possession of the plaintiff.

(3.) The 1 st and 3 rd defendants contested the suit alleging that the plaintiff was never owner of the suit land nor was he in possession of the same. 1 st and 2 nd defendants have built up a pucca house on the land which was purchased by them vide sale-deed dated 13.7.1976 from Basso Devi. 4 th defendant has no right or interest in the suit land. The suit land was an evacuee property which was duly allotted by the Managing Officer, Properties, Jullundur, in favour of Motan Dass son of Sewa Ram. After the death of Motan Dass, his daughter Basso Devi sold the property in plot No. 651 measuring 27 ft. x 27 ft. to Kanwar Bhan,the 3 rd defendant herein, under sale-deed dated 13.7.1976 and land measuring 13 ft. x 27 ft. to 1 st and 2 nd defendants under sale-deed dated 13.7.1976. Contending that the plaintiff has no right, title or interest over the suit property, 1 st to 3 rd defendants prayed for dismissal of the suit.