RAJEY SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Present second appeal has been preferred by the appellant against the judgment and decree dated 31.05.2014 passed by Civil Judge (J.D.), Pauri Garhwal, whereby the trial court has decreed the plaintiff's suit as well as against the judgment and order dated 21.03.2017 passed by District Judge, Pauri Garhwal in Civil Appeal No.52 of 2014, whereby the first appellate court has upheld the judgment and decree of the trial court.

(2.) Brief facts of the case are that plaintiff Darshan Singh (the respondent herein) filed a suit against the defendants (the appellants herein) for relief of possession in the court of Civil Judge, Junior Division, Pauri Garhwal, stating therein that in the year 1979, the Government had allotted some land to the Ex Army persons for the residential purposes and issued the Patta accordingly. In this scheme, being a retired army person, the Government also allotted a Patta to the plaintiff in regard to land bearing Khata No.3538 Area 0.005 hectare land vide grant no.60/72-78-39 dated 27.5.1979 to construct residential building. After sanction, the plaintiff came in the possession of the disputed land and his name is recorded in Non Z.A. Khatoni. Due to some personal and domestic problem, the plaintiff could not construct the building over the allotted land but he covered the allotted land all around. After long time, when the position of the plaintiff became sound, he started construction on the disputed land on 17.03.2004. On 22.03.2004 the defendants came on the disputed property and tried to stop the construction and forcibly took over the possession from the plaintiff. The defendants contested the suit and filed their written statement. In the written statement, the defendants pleaded that the plaintiff was never in possession over the disputed land nor he is legally owner of the disputed land. The disputed property was attached under section 145 Cr.P.C., 1973 and considering the possession of defendant, it was released in favour of the defendants.

(3.) On the pleading of the parties, learned trial court framed as many as six issues, which are as under: