Valmiki J. Mehta, J (Oral)

RSA No.48-50/2006 and C.M. No.1955/2006 (stay)

1. This Regular Second Appeal impugns the concurrent judgments of the courts below; of the trial court dated 31.1.2000 and the appellate court dated 16.9.2005; by which the suit of the respondents/plaintiffs for possession with respect to property bearing No.476, Haveli Haider Quli, Chandni Chowk, Delhi has been decreed.

2. The facts of the case are that the respondents/plaintiffs were the owners of the adjoining property bearing No. 477, Haveli Haider Quli, Chandni Chowk, Delhi. That the appellants are tenants of the respondents/plaintiffs in this property bearing No.477 is not in dispute. Appellants are said to have illegally encroached upon the suit property bearing No.476, and therefore the subject suit for possession came to be filed.

3. The only defence of the appellants/defendants was that they had become the owners of the suit property by means of adverse possession and with respect to which the trial court framed the issue No.2. In fact, issue Nos.2 and 3 are connected because decisions on those entitle the respondents/plaintiffs to possession of the suit property or entitle the appellants/defe