CHANDER DEVI Vs. VINEY PAL SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree passed by the learned Additional District Judge, Gurgaon dated 27. 2. 1998. The basic grievance of the appellant is that the learned courts below have erred in not appreciating the evidence in proper perspective and therefore, have fallen in error of jurisdiction in dismissing the appeal. Smt. Chander Devi had instituted the suit against the defendants-respondents Vinay Pal Singh and others claiming declaration that she has become owner by way of adverse possession of the suit property and for permanent injunction in regard to the plot of land measuring 467 Square yards, situated at Shivji Park, Gurgaon. The defendants contested the suit in their own rights though defendants No. 3 to 7 were proceeded against exparte. Defendant No. 2 contested the claim that he was owner of plot comprised in Khasra No. 16/16 and he had purchased this plot from Sohan Lal and Hari Kishan vide registered sale-deed dated 16. 4. 1974 and as such, the plaintiff has no right over the property. In addition to this, some preliminary objections were also raised.

(2.) LEARNED trial Court framed as many as seven issues and the Court granted the following limited relief to the plaintiff::

(3.) THERE is concurrent findings of facts arrived at by the learned courts below and I see no reason to interfere with such findings in this regular second appeal. I find no merit in this appeal and the same is dismissed in limine. There will be no order as to costs.