Naresh Kumar (Deceased) Through Lrs vs . Deepak Solanki & Ors. on 18 December, 2018
27) The burden to prove this issue was upon the plaintiff. Reliance has
been made upon the crossexamination of defendant / DW1, wherein
he has duly admitted that at present the suit property is in possession of
the plaintiff. On perusal of the crossexamination of DW1 dt. 26.05.16,
it is very clear that the defendant has categorically admitted that at
present the suit property is in possession of plaintiff. Again, the
defendant has also admitted the site plan filed by the plaintiff as Ex.
PW1/1 and moreover, from the revenue record including khasra
girdwari i.e. Ex. PW4/1 (colly), it is further clear that the plaintiff
alongwith his brother and sisters has been in possession of the property
situated in khasra no. 22/9. Accordingly, it is clearly established from
Civil Suit No: 96570/16 (Vivek Kumar Agarwal)
CJ07(C)/THC/Delhi
14
Naresh Kumar (deceased) through LRs vs. Deepak Solanki & Ors.