COMMUNIST PARTY, ROPAR Vs. SANT SARAN BHALLA

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby suit for possession of land measuring 1 Kanal was decreed.

(2.) ORIGINALLY , the plaintiffs filed a suit for permanent injunction restraining the defendants from raising any construction in the land measuring 2 Kanals. It was the case of the plaintiffs that they are owners in possession of the suit land and the defendants were trying to raise the construction illegally and forcibly. In the written statement dated 30.03.1989, it was pleaded that Communist Party, Ropar, is shown to be in possession of the land in dispute in the revenue record. On merits, it was pointed out that the defendants have become owners of land measuring 1 Kanal and the remaining portion is in possession of one Mistry Kartar Singh deceased since 1960. The defendants have raised construction over said 1 Kanal area consisting of one hall for holding the meetings, one kitchen and the courtyard. Such construction was raised after getting the site plan approved from the Municipality and the possession of the Communist Party was open and with the knowledge of the plaintiffs. The plaintiffs never objected to the possession of the party nor they have ever claimed any rent or lease money from the party.

(3.) ON the basis of respective pleadings, following issues were framed :-