BHAGAT SINGH Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) HEARD Shri Ramji Srivastava, counsel for the appellants and Shri Ghanshyam Joshi holding the brief of Shri Arvind Vashistha, counsel for the respondents.

(2.) BY the present second appeal filed under Section 100 of Code of Civil Procedure, the appellants have prayed for setting aside the judgment and decree dated 11. 5. 2000 passed by the Additional District Judge, Dehradun in Civil Appeal No. 97/1995.

(3.) Second appeal was admitted on the following substantial question of law:-"1. Whether under the facts and circumstances of the case the lower appellate court incorrectly presumed and inferred that as the defendants put barbed wire fencing at point As as mentioned in Amin4s report they cannot be in exclusive possession of the land in dispute while the defendants appellants proved their possession by unrebutted oral and documentary evidence that they are in exclusive possession of the land in dispute?