SMT. SIERY KANWAR Vs. LIYAKAT KHAN

JUDGEMENT

(1.) These revision petitions are directed against the judgment and decree dated 25.03.2010 passed by the Civil Judge (Jr.Div.), Churu, whereby the suits filed by the petitioners under Sections 5 and 6 of the Specific Relief Act, 1963 ('the Act') have been rejected.

(2.) The suits were filed on 15.02.1999 / 26.02.1999 respectively by the plaintiffs in relation to the plots near police line with the submissions that the same were purchased by father of Virendra Singh and plaintiff Smt. Sire Kanwar from Jaskaran and ever since the agreement, plaintiff's father / plaintiff were in possession as owner. The plaintiff - Virendra Singh's father died in the year 1993, since then he was in possession. It was alleged that the respondent Liyakat Khan started construction over the plaintiff's plot and trespassed over the same on 20.10.1998 when he was told to handover back the possession, which was denied on 06.02.1999 and therefore, the suits were filed seeking possession.

(3.) The suit was resisted by the respondent-defendant indicating that the agreement dated 04.01.1988 being unregistered was not admissible in evidence and does not confer any right on the plaintiffs. The defendant was in possession of the property since it was purchased by him and therefore, the suit was liable to be dismissed.