KOMAL SINGH Vs. SUDHA RANI

JUDGEMENT

(1.) Defendant is in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for possession with consequential relief of injunction.

(2.) Plaintiff Smt. Sudha Rani filed a suit for possession on the basis of title of the property marked by letters 'ABCD' and 'CDEF' in the site plan attached with the plaint. Permanent injunction was also sought restraining the defendants No.1 to 2 and 4 from raising further construction and from alienating the suit property.

(3.) Plaintiff pleaded that the suit land was purchased from Ved Ram vide registered sale deed dtd. 11/4/1994 and she was put in possession of the suit property on 21/4/1994 by the aforesaid Ved Ram. Taking undue benefit of her absence, defendant No.1 illegally took possession of the plot in question i.e. marked by letters 'ABCD' in the site plan and also raised illegal construction. Defendant No.2 occupied the portion marked by letters 'CDFE' as shown in the site plan in an illegal manner. Plaintiff came to know about illegal construction by defendants No.1 and 2 on 10/9/2007.