PYARE LAL CHOPRA Vs. BALWANT SINGH SAHANI

JUDGEMENT

(1.) The plaintiffs/appellants, having lost before the learned trial Court, are in first appeal. The parties, hereinafter, shall be referred to as plaintiffs and defendants.

(2.) Suit for possession and mesne profit filed by the plaintiffs stands dismissed by the judgment and decree passed by the learned Single Judge of this Court. Admittedly, the property in question was evacuee property and was purchased by the plaintiffs in public auction vide certificate of sale issued on December 30, 1969. Mutation was also sanctioned in favour of the plaintiffs on July 12, 1977. As per averments made in the plaint, the plaintiffs were living outside and the property in question was being looked after by on Bhim Sen Chopra, son of plaintiff No. 1. Said Bhim Sen Chopra is said to have become prisoner of war in 1971 and could not look after the property, resultantly, the defendants are said to have taken forcible and illegal possession of the property in unauthorised manner without the permission and consent of the plaintiffs. It was in the year 1977 when Bhim Sen Chopra came to Shimla and found the defendants to be in illegal and unauthorised possession.

(3.) Defendants No.5 and 6 claim themselves to be the owners of the property and the other defendants claim themselves to be the tenants under defendants No.5 and 6.