Sushila Devi vs Hira Lal And Ors. on 14 March, 2007
22. It is further averred by the plaintiff that, she is in possession of
the suit property and the said fact is stated by her in para 1 of her
plaint, whereby it is stated that "plaintiff is in possession of the
first and second floor of the property bearing No. T523, Gali No.
3, Prem Nagar, Patel Nagar. But the contents of para 1 are not in
sync with the site plan placed on record by the plaintiff and the
same is exhibited as Ex. PW1/1. As per the site plan the
Suit No. 608021/2016 Sushila Devi Vs. Hira Singh Page No. 10/17
highlighted portion marked as "Mark A" is only the first floor
and it nowhere shows that even second floor is in possession of
the plaintiff. Further, on one hand in her plaint and affidavit
plaintiff states that, she is in possession of the first floor and the
second floor of the suit property but in her crossexamination
dated 24.10.2016 "she states that I am residing in the suit
property since the date suit property was purchased but on the
contrary she does not know the exact date on which the suit
property was purchased and the said fact is stated by her in her
crossexamination of the same date, whereby she states that "I do
not remember the date when the suit property was purchased".
Further the factum of her being in possession of the suit property
since the date suit property was purchased stands contradicted by
her own statement made in the crossexamination, whereby on
16.03.2017 a specific question was put to her i.e. "is it not
correct that in FIR No. 92/2011 PS Patel Nagar, you are an
accused and you have furnished bail bond showing your address
bearing No. T610, Gali No. 3, Prem Nagar" and to this, the
answer of the plaintiff was in affirmative, implying thereby that
in 2011 she has herself given the address in her bail bonds to be
of a property which is different from the suit property and thus it
cannot be said on the basis of the statement of the plaintiff even
statement made in her crossexamination dated 16.03.2017 that
she is in possession of the suit property since the time it was
purchased.