R D DEVGAN Vs. AMARJIT SHARMA AND ANOTHER

JUDGEMENT

(1.) Defendant-Appellant has filed this appeal challenging judgment and decree dated 25.4.2014 passed by learned Additional District Judge, SAS Nagar, Mohali affirming judgment and decree passed in favour of plaintiffs regarding possession of suit property.

(2.) The respondents-plaintiffs had filed a suit seeking possession of suit property in the shape of two plots measuring marla comprised in Khasra No. 9//6/2/4/1 and 1 marla comprised in Khasra No. 9//6/3/4/2/1 situated in Zirakpur, District SAS Nagar, Mohali and also prayed for grant of permanent injunction restraining the defendants from raising any construction over the suit property and from alienating the same. It is averred in the plaint that while respondent-plaintiff no.1 is owner of plot measuring marla; respondent-plaintiff no. 2 is owner of plot measuring 1 marla and that both the said plots adjoin each other and both the respondents/plaintiffs had been put into possession of the same by their vendors at the time of registration of sale deeds in their favour and thereafter mutation had also been sanctioned. The respondents-plaintiffs averred that the appellant-defendant in collusion with Ms. Kulwant KK and other persons, with an intention to grab their plots, forcibly started raising construction upon the same while taking benefit of absence of the plaintiffs. When the respondents-plaintiffs came to know about the same, they requested the appellant-defendant and also Ms. Kulwant KK to stop the construction but to no avail.

(3.) The respondents-plaintiffs were constrained to file civil suit seeking injunction, which was granted to them by the Court of Civil Judge (Junior Division) Rajpura vide order dated 8.2.2007 restraining Ms. Kulwant KK and Jaswant Singh from raising any further construction upon the plots and from mortgaging the said land. The respondents-plaintiffs had also submitted an application to SDM, Dera Bassi wherein Ms. Kulwant KK appeared and stated that she had no concern with the land in question and consequently, the plaintiffs withdrew their suit i.e. Civil Suit No. 69 dated 8.2.2007 on 10.3.2007 so as to file the case against the present appellant-defendant, who as per record is shown to be in possession and was in fact raising illegal construction at the spot. The plaintiffs further asserted that the sale deed dated 9.2.2007 in favour of the defendant is for an area of 60.5 square yards and which is in respect of the land meant for residential purposes whereas the suit property is in the nature of commercial land measuring one and a half marla. The respondents-plaintiffs, thus, asserted that the appellant-defendant had forcibly occupied their plots by raising construction upon the same and prayed for decree of possession in respect of suit property and also for grant of permanent injunction to restrain defendant from raising any construction upon them and for alienating the same in any manner.