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Showing contexts for: common plot in Shri Kanwar Singh Saini vs Shri Mohd. Yusuf on 28 August, 2023Matching Fragments
10.2. After demolishing the structures existing on property no. 147A and 148, the defendant raised a common construction covering both plots. In the old construction in the property no. 148, there was one shop under the name of Priya General Store having area of 20 ft. x 20 ft. The said shop had been transferred to the proprietor of the said general store before the defendant had obtained the rights over the property from Sh. Sultan CS DJ No. 8380/2016 & CS DJ 8379/2016 CNR No. DLST010000152005 & CNR No. DLST010005182011 Kanwar Singh Saini Vs. Sh. Mohd. Yusuf & Ors. (CS DJ 8380/2016) And Mohd. Yusuf Vs. Kanwar Singh Saini (CS DJ 8379/2016) Singh. In respect of the said portions, the defendant had rights on the roof and above but not on the ground floor of the said shop.
CS DJ No. 8380/2016 & CS DJ 8379/2016 CNR No. DLST010000152005 & CNR No. DLST010005182011 Kanwar Singh Saini Vs. Sh. Mohd. Yusuf & Ors. (CS DJ 8380/2016) And Mohd. Yusuf Vs. Kanwar Singh Saini (CS DJ 8379/2016) Subsequently, the defendant came to know that Mr. Ved Prakash Saini had deposited the said demand draft in the account of the defendant on 03.09.2002 by filing the deposit slip in his own handwriting and thereafter, he had withdrawn a sum of Rs. 1,41,000/ by way of 3 withdrawals dated 06.09.2002 vide cheques numbers 430507 - 430509 for the sum of Rs. 50,000/ and Rs. 70,000/ respectively and on 12.09.2002 in the name of M.P. Singh vide cheque no. 430510 for sum of Rs. 21,000/. Another transaction by way of cheque no. 505822 dated 31.08.2002 has been allegedly given to the defendant as a sale consideration for a value of Rs. 40,000/. However, the said cheque does not find mention in the statement of account of the defendant. Since the date of alleged execution of the sale deed, the plaintiff has not taken any steps either to get the said property accessed in the house tax records in his name or get the electric and water meters transferred in his name. They are still in the name of the defendant and his family members. 10.9. The defendant never sold the suit property to the CS DJ No. 8380/2016 & CS DJ 8379/2016 CNR No. DLST010000152005 & CNR No. DLST010005182011 Kanwar Singh Saini Vs. Sh. Mohd. Yusuf & Ors. (CS DJ 8380/2016) And Mohd. Yusuf Vs. Kanwar Singh Saini (CS DJ 8379/2016) plaintiff. Plot No. 148 is 120 sq.yds. and not 198 sq.yds. as stated by the plaintiff. The defendant never handed over the possession of the suit property to the plaintiff or to any other person and therefore no question of dispossession arises. The defendant and his family members have been in possession of the entire property which was commonly constructed on two plots i.e. plot No. 147A and 148 by the defendant in the year 1995. False story of dispossession has been made by the plaintiff to create a false cause of action. False allegations have been made in the plaint. Hence, it is prayed that the suit may be dismissed. JOINT PROCEEDINGS OF BOTH THE CASES: