PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Lal Chand @ Lallu – Appellant
Versus
Sarbati devi – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the defendant-appellant challenging the judgment and decree dated 06.12.2016 passed by the Trial Court and the judgment and decree dated 03.07.2023 passed by the First Appellate Court whereby the suit for possession filed by the plaintiffrespondent stands decreed.
2. Brief facts relevant to the present lis are that the plaintiff- respondent purchased the suit property from Lalman son of Mangal Ram vide sale deed dated 28.04.2006 and since then she was the owner in possession and was the absolute and exclusive owner of the suit property and was depositing the house tax also. It was averred that the defendant-appellant was running a tea stall in a room in a passage outside the suit property. After the owner of that room got it vacated from the defendant-appellant he (the defendant-appellant) requested the plaintiff-respondent to give him one room for keeping his tea making utensils and other articles during the night. The plaintiff-respondent accepted this request. It was further averred that the defendant-appellant had assured the plaintiff-respondent that he would vacate the room as and when required by the plaintiff-r
The main legal point established in the judgment is the validity of the Defendant's claim over the suit land based on the sale deed and the Plaintiff's right to possess the suit land.
The defendant must admit the ownership of the true owner and prove adverse possession with adequate evidence.
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