RUKAN SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) A Suit being Original Suit No. 28 of 1995 was filed by the applicant against the respondents and one Jeet Singh. Relief sought was that the defendants be made to pay to the plaintiff Rs.15,000.00 as costs of the trees which were cut away by them from the plaintiff's plots nos. 1136 and 1139 which were having an area of about 14 bighas. The boundaries of the plots in question were also given in the plaint. The defendants filed their written statements denying the claim of the plaintiff saying that the plaintiffs were not the owners in possession of plots nos. 1136 and 1139 and they also denied the boundaries as were given in the plaint. However, after the framing of issues the Suit was decreed on 21/2/2006. While deciding the issue no. 1, it was categorically found that the plots nos. 1136 and 1139 were in the ownership of the plaintiff and that subsequently these plots were numbered as plot no. 159 after consolidation which fact was clear from the C.H. Form - 41 (Form which the consolidation authorities issue for showing the changed number of plots).

(2.) The Trial Court had also concluded that the fact that from plots nos. 1136 and 1139 (which were subsequently numbered as plot no. 159) the defendants had cut away the trees, was also clear as the khasras with regard to the old plots of the fasli year 1402, 1407 and 1410 had on them trees of Siros, Eucalyptus, Shisham and Jamun while the later khasras had no trees on them. This finding was arrived at despite the fact that the defendants had come up with a case that the trees in question were standing on their plots which were numbered as plot no.169.

(3.) The Trial Court had decreed the Suit despite the fact that the defendants had stated that in Khasras of 1402F to 1410F, the trees of Shisham, Siras, Jamun and Eucalyptus were there in their plot.