Shri Kulwant Singh vs Shri O.P. Wadhwa (Deceased) on 26 March, 2015
8. It is now to be seen as to whether the plaintiff has been able to establish the
factum of settled possession and the factum of dispossession or not. The affidavit of
plaintiff is a mere reiteration of the averments made in the plaint. Several photocopies
in respect of sale purchase were marked by the plaintiff but I am of the opinion that
they have no relevance as we have only to discuss the possession in respect of red and
green portions and not in respect of yellow portion to which the so called documents
are related. In the affidavit however the plaintiff has relied upon a copy of application
moved under Order 1 Rule 10 read with Section 151 CPC in other civil suit no.
2374/1981 and has claimed that in the said application the defendant herein had
admitted the possession of plaintiff regarding other portions of the property. A copy
of the said application was marked through the plaintiff evidence as Mark-F. No other
Kulwant Singh Vs. O.P. Wadhwa 4 of 8
document has been filed by the plaintiff to support his claim about possession of other
portions of the property.