A.N.JINDAL, J. - (1.) SUIT for possession regarding the land measuring 2 Bighas 4 biswas fully described in the heading of the plaint, situated in the town of Narnaul, filed by the plaintiffs/respondents (herein referred as the plaintiffs) against the defendant/appellant (herein referred as the defendant) was decreed on 27.09.2007 and the appeal preferred against the said judgment and decree was also dismissed by the District Judge, Narnaul on 17.3.2010. As such the defendant has come up in appeal.
(2.) THE factual matrix of the case is that the plaintiffs are the owners of the suit property by way of sale deed dated 9.7.1991 from the previous owners. However, the defendants being in illegal possession of the same are liable to surrender the possession. It was further averred that the defendants had filed a suit for permanent injunction regarding the same property but the same was dismissed as withdrawn. Meanwhile the plaintiffs had also filed an application for ejectment of defendant No.1. The defendant in that suit took up the plea that he was in adverse possession of the suit property and not as tenant. Thereafter, the plaintiffs had withdrawn the suit before the revenue court, because of denial of tenancy by defendant No.1. Since all the three defendants were in illegal possession, therefore, the plaintiffs had to file the present suit.
(3.) DEFENDANT No.1 strongly contested the suit, wherein he denied the title of the plaintiff and submitted that he having been in adverse possession of the suit property was the owner of the same. He denied if he had leased out the property to defendant Nos.2 and 3. Thus, he prayed for dismissal of the suit. Defendant Nos. 2 and 3 were proceeded against ex parte. Replication was also filed.;