Sh. Lakhmi Chand & Ors. vs Sh. Karan Singh & Anr. on 5 October, 2016

2. The facts of the case are that the appellants/plaintiffs claimed that

they were the owners of the suit property being about 2650 sq. yds in Khasra

no. 3(2-0) and Khasra no. 423 of Village Saboli, Delhi as they had inherited the

suit property from their forefathers. Originally the ancestor Sh. Goverdhan is

pleaded as per the plaint to be the owner of the suit land. Sh. Goverdhan had

five sons including one Sh. Chhajan. Appellants/plaintiffs are as per the plaint

the grandsons of the said Sh. Chhajan. Respondent no.1/defendant no.1 is the

grandson of another son Sh. Dayala of Sh. Goverdhan. Appellants/plaintiffs

pleaded that they were the owners of the suit property because an oral partition

had been effected way back (not stated when/which year in the plaint) between

the parties and that pursuant to the oral partition appellants/plaintiffs were in

possession of the suit property till the date of the filing of the suit. It was

pleaded that the possession of the appellants/plaintiffs is recorded in the khasra

girdawari (revenue record) of the year 1977-78. It was further pleaded that

respondent no.1/defendant no.1 tried to dispossess the appellants/plaintiffs from

the suit property and hence the subject suit was filed on 16.12.2009 because the

appellants/plaintiffs were the owners and in possession of the suit property.

RSA No.346/2015 Page 2 of 18

Source: Indian Kanoon

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