ZILE SINGH & ORS. Vs. RAJINDER SINGH

JUDGEMENT

(1.) This is the defendants' second appal aggrieved by the judgment and decree passed by both the Courts below.

(2.) The plaintiff - Rajinder Singh had purchased land from the co-sharers. The details are given in para no.1 of the plaint. The land was purchased by two sale deeds both dated 15/4/2004. The case of the plaintiff was that the defendants were strangers and had no right or title in khasra no.410, situated at Dadri, District Bhiwani. Disclosing some additional facts it was pleaded that Subhash Chander the vendor of the plaintiff had earlier filed a suit in 1997 against these defendants for permanent injunction and after the sale he did not take any interest and did not pursue the suit and the plaintiff after purchase got himself substituted in place of Subhash and the suit was partly decreed and no injunction was granted with respect to a part of the property as the Local Commissioner had found the defendants' possession over some portion and while deciding issue no.5, a finding was given that the plaintiff will have to file a suit for possession. It was pleaded that in the previous suit the defendants had taken the plea that they had perfected their title and were in possession for over 12 years but that plea was rejected. The case of the plaintiff is that the possession of the defendants was unauthorized and illegal and they were not entitled to the possession.

(3.) The defendants took the plea that the sale deed dated 15/4/2004 was obtained by fraud and no earnest money had been paid and the suit was not maintainable. It was pleaded that neither Subhash nor plaintiff had any concern with 971 square yards (1 Kanal 13 Marlas) comprised in Khasra no.410 Min Khewat No. 1299, Khatoni No. 1397, situated in the revenue estate of township of Dadri and both the sale deeds were bogus, without consideration and they had become owners by way of adverse possession and they had also taken the water and electricity connection and had raised construction.