BEEDHA Vs. CHAINU (DECEASED) & 4 OTHERS

JUDGEMENT

(1.) Heard counsel for the appellant on admission of second appeal and perused the record.

(2.) Original Suit was filed by the plaintiff with averment that he is owner of disputed property but defendant had dispossessed him. Therefore, he has sought relief for recovery of compensation from the defendant.

(3.) After admitting written statement, framing issues and accepting the adduced evidences, Additional Civil Judge (S.D.), Anoop Shahar, district Bulandshahr has decreed suit by its judgment dated 7.10.2004. In this judgment trial court had decided the issue no. 1 regarding ownership of disputed property in favour of plaintiff, then it consider theed issue no. 2 regarding eviction of plaintiff by defendant on 22.6.1990, and again decided this issue in affirmative and in accordance with the plaint case. By this judgment the trial court had directed the defendant to vacate the disputed property and handover its possession to the plaintiff.