SHER SINGH Vs. OM PARKASH

JUDGEMENT

(1.) The plaintiff/respondent filed suit seeking relief of mandatory injunction directing the defendants/appellants to hand over the vacant possession of the disputed property shown with letters ABCD in the site plan (Annexure-1) of the plaint with the plea that defendants were given possession of this portion of the property as licensee on mutual understanding that they would vacate the same as and when they get constructed their own house in the village.

(2.) The defendants/appellants while contesting the plea of plaintiff/respondent alleged that his possession over the suit property is under agreement dtd. 6/6/1994. He had purchased the plot vide that agreement and paid Rs.30,000.00 to the plaintiff as earnest money. Separate receipt of payment of Rs.30,000.00 was also obtained from him. The balance sale consideration was paid in the year 1994 but without any receipt. The actual possession of the plot was delivered to defendant Dharambir by the plaintiff but the sale deed could not be executed, in view of mutual understanding between the parties that the same would be executed at some mutual and convenient date. Thereafter, the defendants constructed their residential house over the plot and started residing there. The electric and water connection in the house are also in the name of defendants.

(3.) On the agreement, learned Civil Judge (Junior Division), Palwal recorded the findings as follows: