RAJU SINGH Vs. MANGELAL S/O GURDAYAL RAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 14.08.2015 passed by the Addl. District Judge No.1, Sriganganagar ('the trial court') , whereby the suit filed by the respondent-plaintiff under Section 6 of the Specific Relief Act, 1963 ('the Act') , has been decreed and the petitioner has been directed to hand over possession of the disputed property to the respondent-plaintiff within a period of two months and from 01.08.2012 till handing over of actual possession, mesne profit @ Rs.2, 000/- per month alongwith interest @ 6% per annum has been decreed.

(2.) The respondent-plaintiff filed a suit, inter alia, with the averments that he had purchased the suit property i.e. House No.1-A-22, Shyamnagar, Purani Abadi, Sriganganagar admeasuring 15 feet X 64 feet from one Kanhaiyalal vide registered sale-deed dated 003.201 It is claimed that the plaintiff was handed over possession of the suit property at the time of registration of the sale-deed. The petitioner by breaking the wall of the suit property, trespassed over the said property in April, 201 the petitioner came to know about the same on 01.08.2012 and, consequently, filed the suit on 17.08.2012 seeking possession of the suit property.

(3.) The suit was resisted by the petitioner by filing written statement. It was, inter alia, claimed that he was in possession of the suit property for last over 30-35 years and the plea raised by the plaintiff regarding possession of the suit property were denied. The trial court framed six issued and after evidence was led by the parties, by the impugned judgment, came to the conclusion that the plaintiff was in possession of the suit property, which was handed over to him at the time of execution of the sale-deed and that the defendant had failed to prove that he was in possession of the suit property for over 35 years and, consequently decreed the suit as noticed hereinbefore.