BABU LAL Vs. SHUSHILA DEVI

JUDGEMENT

(1.) THIS petition is filed by the defendant.

(2.) THE plaintiff filed a suit for permanent injunction alleging that he is the owner in possession of the property marked by letters ABCD and EFGH, shown in red colour in the site plan bearing municipal no.632/20 (Old), 332/25 (New) measuring 250 sq. yards, comprised in khasra no.177, excluding the area of temple which falls in between the said property situated in Shakti Nagar, Gurgaon. It is averred in the plaint that earlier father of the plaintiff, namely, Yad Ram was the owner and after his death, she had inherited the suit property. She has been paying the house tax etc. to the Municipal Corporation, Gurgaon regularly in respect of the suit property. It is also averred that the claim made by the defendant that he had purchased the suit property from Vashisth Goel S/o Ram Chander and his father had executed the lease deeds in his favour in respect of the suit property during his life time is wrong. It is, thus, prayed that the defendant be restrained from interfering in her peaceful possession.

(3.) IN the written statement, the defendant -petitioner has alleged that the plaintiff is neither the owner nor in possession of the suit property, shown in red colour in the site plan attached with the plaint. He has rather alleged that there were several co -sharers in khasra no.177. Gunmala daughter and Indrawati wife of Lala Lajpat Rai Jain sold an area measuring of 00 Bigha 06 Biaswa 10 Biswansi to Vashisth Goel etc. on 12.12.1988 and the defendant had purchased an area of 1 Biswa 15 Biswansi from the said Vashistha Goel vide sale deed dated 24.02.1989 and got the mutation sanctioned on the basis of the sale deed. He also alleged that Yad Ram, father of the plaintiff, was in possession of some portion of khasra no.177 which he surrendered in favour of the defendant by way of two registered lease deeds; one dated 25.11.1985 having an area of 95 square yards and another dated 25.02.1986 having an of 160 square yards and since then the defendant is in possession of the suit property who lateron purchased the area measuring 1 Biswa 15 Biswansi and as such he is the owner and in physical possession of that area, constructed two shops and gallery with boundary wall and gate and both the properties have been shown in red colour by letters ABCD and EFGH in the site plan attached with the written statement prepared at the spot and the said properties are bearing municipal no.631/4/20 and 631/3/20 and the defendant is regularly paying the house tax thereof. It is also alleged that MC No.632/20 is a separate and different property from the properties of the defendant.