GURDARSHAN SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) Tersenessly, the facts relevant for disposal of the present appeal and emanating from the record is, that Balwinder Singh and Angrej Singh sons of Hardial Singh-respondent-plaintiffs(hereinafter to be referred as "the plaintiffs") filed the present suit for a decree of possession against Gurdarshan Singh son of Shamsher Singh-appellant and Karnail Kaur wife of Gurbaksh Singh-proforma respondent No.3-defendants(for brevity "the defendants") on the basis of their ownership. According to the plaintiffs, that although they are owner and in possession, but the defendants have illegally and forcibly encroached upon the disputed property to the extent of 1 kanal 1 marla and merged the same with their property.

(2.) The contesting defendant filed the written statement, inter alia, pleading certain preliminary objections of, maintainability of the suit, locus standi and cause of action of the plaintiffs, non-joinder and mis-joinder of the necessary parties etc. On merits, it was claimed that the plaintiffs are neither the owner of the property in dispute, nor the defendants have merged the same in their property. It will not be out of place to mention here that the defendants have stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.

(3.) The trial Court dismissed the suit of the plaintiffs vide judgment and decree dated 23.02.2008.