DESH BAHNDHU Vs. HARISH BINDAL

JUDGEMENT

(1.) Petitioner is the defendant in Suit No. 208/99 filed by respondent for possession of agricultural land measuring 3 Bighas or so covered by Khasra No. 65/1 in illaqa Mundka. He filed written statement to the suit taking the stand that respondent-plaintiff had no cause of action as he had perfected the title on the land by adverse possession. He also questioned the jurisdiction of the court to try the suit.

(2.) Trial court framed five issues in the suit. The first issue was framed on petitioner's plea and its onus to prove was put on him. The issue read thus:-

(3.) No preliminary issue on jurisdictional plea or otherwise was framed in the suit and Trial court called upon petitioner to lead evidence.