KARTAR SINGH S/O SHRI ACHAL SINGH AND ORS Vs. RAMESHWAR PRASAD (SINCE DIED) S/O LATE SHRI CHANDRABHAN AND ORS

JUDGEMENT

(1.) This Second Appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 01.10.2002, passed by District Judge, Haridwar, in Civil Appeal No. 74 of 2001, whereby said court has allowed the appeal, and set aside the judgment and decree dated 28.07.2001, passed by the trial court [1st Additional Civil Judge (Junior Division) Haridwar], in Suit No. 214 of 1996.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Brief facts of the case are that the parties are residents of Village Missarpur, Pargana Jwalapur, District Haridwar. Admittedly, one Devi Singh, Asha Ram and Umrao Singh were the recorded tenure holders in Khewat No.1, which included Plot No. 264 (later numbered as Khasra No. 50). The defendants are descendents of Asha Ram. The plaintiffs' case is that co-tenure holder Devi Singh transferred his rights to one Amar Nath, from whom Chandrabhan (ancestor of the plaintiffs) got the possession and rights over the land in suit. It is also stated in the plaint that on part shown in Schedule 'C', the house of the plaintiffs still exists, while part of land shown in Schedule 'B' in suit, the defendants have encroached upon it, who had their adjoining houses in the south of the said land. The defendants denied the case of the plaintiffs and pleaded that they have not encroached upon the land mentioned in Schedule 'B'. It is further pleaded by the defendants that the land in dispute is owned by them, which they have inherited through their ancestors.