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2015 Supreme(Del) 4526

VALMIKI J.MEHTA
Chattar Singh Matharoo – Appellant
Versus
Ashwani Mudgil – Respondent


Advocates:
Advocate Appeared:
Mr. J.M. Kalia, Advocate
Mr. Arun Maitrey, Advocate

JUDGMENT :

Valmiki J. Mehta, J.

1. The subject suit is filed by the plaintiff for declaration and permanent injunction claiming ownership by adverse possession of the property admeasuring 100 sq. yds bearing no. WZ-140, Block-A, Uttam Nagar, New Delhi. Plaintiff does not claim to be the owner of this property by purchase but claims that he has become owner of the property under law of prescription as per para 5 of the plaint. Plaintiff pleads that the defendant no.3, with defendant nos.1 and 2 who are said to be unsocial elements, came to the suit property on 20.2.2006 and tried to take forcible possession of the suit property from the plaintiff but the plan of the defendants did not succeed. Defendant no.3 is the wife of Sh. Lal Singh Matharoo. Sh. Lal Singh Mathroo is the brother of the plaintiff i.e. defendant no.3 is the bhabhi of the plaintiff. The plaintiff pleads that defendants have no right, title and interest in the suit property and therefore a declaration be granted that plaintiff has perfected his title by adverse possession and law of prescription under Articles 64 and 65 r/w Section 27 of the Limitation Act, 1963 and that the defendants be restrained from interfering w











































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