ANIL NAUTIYAL Vs. BRIJENDRA SINGH JAGWAN

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THIS second appeal is directed against the judgment and decree dated 23-3-2012 passed by the District Judge, Rudraprayag in Civil Appeal No. 7 of 2011 Anil Nautiyal v. Brijendra Singh Jagwan as well as the judgment and decree dated 16-11-2011, passed by Civil Judge (Senior Division), Rudraprayag, in Civil Suit No. 14 of 2008, Anil Nautiyal v. Brijendra Singh Jagwan, whereby the trial court had dismissed the suit of the plaintiff-appellant.

(3.) THE suit was resisted by the defendant by filing his written statement. Defendant has denied the plaint allegations and in additional pleas, in paragraph Nos. 14 and 15 of the written statement, the defendant has specifically stated that the stones were collected by the defendant for construction of house over plot Nos. 462 and 463 of which he is a recorded Bhumidhar and that his father purchased this land measuring 1 Nali, 5 Muthi from Ghananand Kala son of Tara Datt Kala.