WASU RAM Vs. HARI CHAND

JUDGEMENT

(1.) Substantial question of law formulated by this court reads as follows:

(2.) This second appeal has been directed against the impugned judgment dated 8.4.2003 whereby the appeal preferred by the appellant/plaintiff namely Wasuram had been dismissed. The first appellate court vide the aforenoted judgment had confirmed the finding of the trial court dated 7.12.2002.

(3.) Wasu Ram had filed a suit for possession of property no.1019, Ward No.7, Mehrauli, New Delhi wherein it had been alleged that the defendant had illegally and unauthorisedly encroached upon a portion of his property i.e. about 50 sq.yds. from which a Keekar tree along with other building material of the plaintiff had also been removed. Decree of possession of 50 sq.yds of this encroached portion of land along with Rs.6000/- as damages for use and occupation as also a sum of Rs.2500/- on account of the keekar tree had been claimed by the plaintiff.