JAMU Vs. IQRAMUDDIN

JUDGEMENT

(1.) The instant Regular Second Appeal has been filed by appellant/ plaintiff against the concurrent findings recorded by both the Courts below vide which the suit for possession by way of mandatory injunction, was dismissed.

(2.) Brief facts of the case as per plaint are that plaintiff is owner of residential house, as detailed in the plaint and he purchased the suit property vide registered sale deed bearing No.1068 dtd. 13/10/1972 and remained in possession of the same; thereafter he was dispossessed forcibly from the suit property by the defendants; despite requests, possession of suit property was not delivered to him. Hence, the present suit was filed.

(3.) Upon notice, defendants appeared and filed written statement by taking preliminary objections regarding maintainability; lack of cause of action; concealment of true and material facts, barred by Order 2 Rule 2 CPC, limitation etc. It was also alleged that plaintiff had earlier filed a suit for permanent injunction against the defendants and the same was dismissed on 15/11/2013 by learned Civil Judge (Jr. Divn.), Mewat and appeal preferred against the same was also dismissed, vide judgment dtd. 28/8/2014. It was also submitted that water connection, electricity bills are in the names of defendants and they are in possession of the suit house from the time of their forefathers and the municipal record is also in their names. Suit property was purchased by Wazir Chand from common funds of the predecessors of plaintiff and defendants and vide oral partition, the suit property came to the share of defendants.