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2020 Supreme(SC) 33

L.NAGESWARA RAO, HEMANT GUPTA
Shri Uttam Chand (D) Through Lrs. – Appellant
Versus
Nathu Ram (D) Through Lrs. – Respondent


Advocates Appeared:
For the Appellant(s) :K. Sarada Devi, Advocate
For the Respondent(s):Gagan Gupta, Advocate

JUDGMENT :

HEMANT GUPTA, J.

1. Plaintiff is in appeal before this Court aggrieved against judgment and decree passed by the High Court of Delhi on 18th February, 2011 whereby, the defendants second appeal was allowed and the suit of the plaintiff for possession on the basis of title was dismissed.

2. The plaintiff filed a suit for possession on the basis of purchase of suit property from the Managing Officer, Department of Rehabilitation, Government of India in a public auction held on 21st March, 1964. The certificate of sale was issued thereafter on 4th January, 1965. The plaintiff filed a suit for possession on 17th February, 1979 alleging the defendants to be in an unauthorised possession of the suit property and who have refused to vacate the same.

3. The defendants in the written statement denied that the plaintiff is the owner of the property. The defendants asserted that their house existed on the property in question for more than the last two centuries. The grandfather of the defendants was said to be in possession of the property as owner, thereafter their father one Tara Chand and now all the defendants are in possession of the property as owners. It was denied that the pro


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