SURESH KUMAR Vs. KEWAL RAM JAIN AND ORS.

JUDGEMENT

(1.) Unsuccessful defendant has filed this Regular Second Appeal against judgment and decree of the lower appellate Court dated 10.10.2018, affirming judgment and decree of the trial Court dated 15.03.2016, whereby suit of the respondents-plaintiff for declaration, possession, mesne profits and permanent injunction against the appellant, was decreed in toto.

(2.) Briefly, appellant claiming himself to be tenant over the suit property measuring 80 square yards situated within the lal dora of Village Jharsa, Tehsil and District Gurgaon, filed a civil suit for permanent and mandatory injunction against the respondents, which was decreed vide judgment and decree dated 03.09.2012 with the observation that respondents shall not be entitled to evict the appellant except in due course of law. Said judgment and decree attained finality being not challenged further by the respondents by way of appeal or otherwise. Immediately thereafter, respondents claiming themselves to be joint owners of the suit property, in dilapidated condition, filed a suit against the appellant for declaration, possession, mesne profits and permanent injunction.

(3.) Trial Court, after due notice to the appellant and holding full- fledged trial, affording effective opportunities to both the sides to lead evidence to their satisfaction, decreed the suit vide judgment and decree dated 15.03.2016, thereby directing the appellant to hand over vacant possession of the suit property within a period of 60 days.