KISHORI LAL Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal challenging the judgement and decrees of the courts below whereby his suit for possession on the basis of ownership of the suit land has been dismissed.

(2.) AS per the averments made in the suit, appellant is the owner of the suit land as per the jamabandi for the year 1997-98. Previously, khewat was joint and the same was partitioned in the year 1997. At the time of partition, separate possession of the land as detailed in para No.1 of the plaint was delivered to him. In support of his claim, plaintiff relied upon a copy of Sanad Takseem, copy of mutation and Rapat Rojnamcha along with the plaint. Taking advantage of the absence of the plaintiff, respondents encroached upon the suit land in October 1998. On coming to know about the encroachment he made request to the respondents for vacating the suit land. However, the same was of no use. Hence the present suit.

(3.) THE parties led their respective evidence. After hearing learned counsel for the parties, the courts below found that the appellant failed to prove himself to be the exclusive owner of the suit land and he was found to be a co-sharer. THErefore, he was held not entitled to the possession of the suit land.