RAMAN KUMAR Vs. DAVINDER KUMAR AND ORS

JUDGEMENT

(1.) This is second appeal by Raman Kumar son and legal representative of original Plaintiff Roshan Lal since deceased having remained unsuccessful in both the courts below.

(2.) Plaintiff Roshan Lal alleged that he is owner of the suit land measuring 2 kanals 10 marlas which is part of khasra No. 480/2. Om Parkash Maini predecessor of Defendants/Respondents No. 1 to 6 illegally occupied 1 kanal land out of it whereas Dalip Singh Defendant No. 7 (since deceased and represented by Respondents No. 7 to 10) occupied 1 kanal 10 marlas land out of the suit land behind the back of the Plaintiff. They also got corrected khasra girdawari in their favour vide order dated 30.10.1981 of Circle Revenue Officer illegally. Defendants are in illegal possession of the suit land. Plaintiff being owner thereof is entitled to its possession. Accordingly, the Plaintiff filed suit for possession of the suit land measuring 2 kanals 10 marlas being part of khasra No. 480/2.

(3.) Defendants, inter-alia, pleaded that previous suit filed by Roshan Lal Plaintiff against Om Parkash and Dalip Singh stands dismissed and the present suit is not maintainable. Plaint allegations were controverted. Various preliminary objections were raised. It was pleaded that Plaintiff is not owner of the suit land. Defendants No. 1 to 6 are in possession of 1 kanal land whereas Defendant No. 7 is in possession of 1 kanal 10 marlas land since the year 1955 as owners. Sale certificate was issued in their favour by Consolidation Department and this fact was proved in the previous suit. Possession of the Defendant is continuous and uninterrupted. Various other pleas were also raised.