BHAGAT SINGH Vs. MAHENDRA KUMAR AND

JUDGEMENT

(1.) Heard Shri Rarnji 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.) A written statement was filed on behalf of the defendant No. 1 denying the plaint allegations. Plaintiffs are not the owners of the property in dispute. It is denied that the land of the plaintiffs bears khasra No. 122/1/2. The existence of passage in dispute towards the North of the properties of the plaintiffs and the defendants has also been denied. The defendants have not encroached the passage in dispute. The map filed by the plaintiffs is wrong. The plaintiffs want to take possession over the property in dispute by illegal means. The suit is bad for non-joinder of necessary parties and the same is liable to be dismissed.