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15) It is further averred in the plaint that on 05.03.2019, one of the neighbours of the plaintiffs, namely Mrs Manju called the plaintiff no. 1 telephonically and informed her at about 11.45 A.M that some unknown persons in the presence of Gurmeet Singh/defendant are trying to break the lock of the main door of the suit property and are trying to illegally enter the suit property, however, PCR was called but no action was taken by the local police officials.
17) It is further averred in the plaint that on 03.04.2019, the plaintiff no. 1 had given a complaint dated 03.04.2019 for seeking the police protection to change the lock on her premises as being its lawful owner and as such the plaintiff no. 1 opened the locks on 05.04.2019 by showing the title documents to the police officials and took the possession of the suit property by putting her own locks.
18) It is further averred in the plaint that on 08.04.2019 at about 10:00 A.M., the plaintiff no. 2 got the information telephonically that under the instructions of defendant, few labourers are bringing luggage and other household articles into the house of the plaintiff i.e. suit property by again breaking the locks of the suit property and trespassed into the suit property. The plaintiffs reached the spot and called the PCR at about 11 A.M but no action was taken against the defendant by police. On 10.04.2019, the plaintiff once again reached the P.S. Hari Nagar, Delhi and compelled the police official that they will call Civ DJ no. 378-2019 Manjeet Kaur & Anr. Vs Gurmeet Singh page no. 9 /47 media person, only then the FIR no. 0176/2019 U/s 447/448/34 IPC was lodged by the police officials on 10.04.2019 against the defendant, his son and son-in-law.
Civ DJ no. 378-2019 Manjeet Kaur & Anr. Vs Gurmeet Singh page no. 23 /47
52) It is further stated in the written submissions that charge Sheet has been filed in the FIR Case No-176/2019 before the Concerned Ld. JMFC, Tis Hazari Courts, Delhi and in this charge Sheet, statement of the Police's Witnesses, namely Smt. Manju, Smt. Kusum W/o Sh. Updesh R/o CB-8, 3rd Floor, Hari Nagar, Delhi and Sh. Gurjeet singh S/o Sh. Gurmeet Singh R/o C-186, Hari Nagar, New Delhi have been recoded U/S 161 of Cr.P.C and they stated that the defendant, his son and his son in law were keeping household articles in the house of the plaintiffs and the possession on that day was of plaintiffs. So, it is also proved that till dated 08.04.2019 the plaintiffs had the possession on the suit property and the defendant forcefully trespassed the suit property by breaking the lock of the suit property and regarding this a FIR no. 176/2019 U/s 447/448/34 of IPC PS Hari Nagar was lodged against the defendant & Ors by the concerned police officials and in said FIR case, the defendant/accused, his son and his son in law were granted bail and this FIR bearing no. 0176-2019 is pending for 27.08.2025 before Ms. Baharti Garg, JMFC, Tis Hazari Court, Delhi and the said court also took cognizance of the incidents on 02.02.2019 and 16.02.2019 on the Protest Petition of the plaintiffs and the said protested petition has been converted into the Complaint case 3645/2020 which is pending for 30.08.2025.
89) Plaintiffs themselves have not seen the defendant committing trespass into the suit property by breaking open the locks of suit property on 05.03.2019 and 08.04.2019. As per plaintiffs, it was Ms. Manju, who telephonically informed them about the incident dated 05.03.2019 of defendant trying to illegally entered into the suit property by breaking locks of the main door of suit property. The plaintiffs have not examined Ms. Manju as witness in the present case for the reasons best known to the plaintiffs. The plaintiffs have not examined any neighbours or other eye witness of incident dated 05.03.2019. Even, no PCR official, who attended the PCR call on 05.03.2019 has been examined by the plaintiffs. There is no iota of evidence on record to prove that on 05.03.2019, the defendant has committed trespass into suit property by breaking its locks on 05.03.2019.