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DELHI HIGH COURT
INDERMEET KAUR
Jagdish Prasad – Appellant
Versus
Nand Ram – Respondent


JUDGMENT

Indermeet Kaur, J.

1. This appeal has impugned the judgment and decree dated 28.5.2001 which had endorsed the finding of the trial judge dated 31.1.1997 whereby the suit of the plaintiff Nand Ram had been decreed in his favour.

2. Plaintiffs (eight in number) Nand Ram and others had filed a suit for possession. The defendant Jagdish Prasad Gupta was stated to be a lessee of 2 bighas and 15 biswas of land comprised in Khasra No.9/19 and 9/20/2 in terms of a lease deed dated 22.9.1954 which was for a period of 20 years i.e. upto 22.9.1974. It was a registered lease deed. Defendant had agreed to pay rent at the rate of Rs.235/- per year as rental. Contention of the plaintiff was that part of this land i.e. 16 biswas comprised in Khasra No.9/20/2 was acquired by the Government by Award no.1005 dated 23.4.1960. The remaining land i.e. 1 bigha 19 biswas comprised in Khasra no.9/19 remained in occupation of the defendant. Lease had expired by efflux of time on 22.9.1974.

3. Defence of the defendant was that land had not been properly identified; defendant has been in possession of the property since 1954; he has acquired title by adverse possession; lease had expired more t

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