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1992 Supreme(Del) 475

S.C.JAIN
R. N. DAWAR – Appellant
Versus
GANGA SARAN DHARNA – Respondent


Advocates Appeared:
B.MOHAN, C.VANI, P.K.Seth

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Ownership and Purchase of Property:
  2. The plaintiff, R.N. Dawar, purchased a plot of land measuring 240 sq yards in khasra No. 634 in Delhi through a registered sale deed (Ex. PW1/5) in 1951 from Parbhu Dayal (!) .
  3. The sale deed and earlier sale documents establish the plaintiff's ownership of the specific plot (!) .

  4. Dispute Over Construction and Possession:

  5. The defendant, Ganga Saran Dhama, constructed a house on the land without the plaintiff's consent, despite the plaintiff's prior efforts to prevent unauthorized construction (!) (!) .
  6. The defendant claimed adverse possession and ownership through transfer and long-term use, but evidence did not substantiate these claims (!) (!) .

  7. Evidence of Ownership and Adverse Possession:

  8. The plaintiff proved his ownership with sale deeds, site plans, and prior possession, and demonstrated that his knowledge of the construction was only in 1981 (!) (!) .
  9. The defendant's claim of adverse possession was not supported by sufficient evidence, and their possession was not deemed to be hostile or exclusive for the statutory period (!) (!) .

  10. Illegal Construction:

  11. The construction raised by the defendant was unauthorized, unpermitted, and without a sanctioned building plan (!) .
  12. The construction was carried out without the plaintiff’s consent, and the defendant's claim of ownership through adverse possession was rejected.

  13. Legal Findings and Relief:

  14. The court found in favor of the plaintiff, confirming his ownership and entitlement to possession (!) .
  15. The defendant was ordered to demolish the illegal structures on the land (!) .

  16. Damages and Costs:

  17. The plaintiff was awarded damages for unauthorized use and occupation of the land for three years prior to the suit, amounting to Rs. 2,160 (!) .
  18. The plaintiff was granted a decree for possession, and the defendant was directed to vacate the property and demolish the unauthorized constructions.

  19. Additional Points:

  20. The claim that the property belonged to the defendant's wife or was transferred via oral gift was rejected, as oral gifts of immovable property are invalid without proper registration (!) (!) .
  21. The plea of adverse possession was carefully scrutinized, and it was held that mere long possession does not necessarily establish adverse possession unless certain legal criteria are met and proven (!) (!) .

This summary encapsulates the core legal findings, the evidence considered, and the court’s decisions based on ownership, unauthorized construction, and adverse possession issues.


S. C. Jain, J.

( 1 ) SHRI R. N. Dawar, plaintiff herein, filed this suit for possession, injunction and damages against Ganga Saran Dhama, hereinafter called the defendant No. 1 onthe allegations that he is owener of plot of land measuring 240 sq yards in khasra No. 634 in Dalhi area, Bhola Nath Nagar, between Babu Ram School and Sarwan Talkies.

( 2 ) AS per the averments made in the plaint the said plot of land was purchased by the plaintiff vide registered sale deed No. 1165 vol 2657 on pages 183 to 185 dated 1/5/51 from Parbhu Dayal, who was the owner in possession of the said plot of land. The plaintiff purchased this plot of land with a view to construct a house thereon but being in service outside Delhi he could not raise the construction. In December, 1981 when he visited the said plot of land, to his surprise he found there a single storey house constructed by the defendant. The plaintiff being the exclusive owner of the said plot of land is entitled to its possession and the defendant has no title, right or interest in the said piece of land and he has illegally and wrongly raised the construction over it. Therefore, the defendant is liable to be evicted from the said plot





















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