JASWANT RAI VERMA Vs. HARBANS SINGH AND ORS

JUDGEMENT

(1.) This second appeal has been preferred by the Appellant/Defendant, Jaswant Rai Verma, against the order dated 9.9.2010 passed by the Additional District Judge, (Adhoc), Ropar, vide which he accepted the first appeal preferred by the Respondents/Plaintiffs, vide which judgment and decree dated 9.1.2008 passed by the Additional Civil Judge (Senior Division), Anandpur Sahib, was set aside and a direction was issued to that court for complying with the direction already issued by the Additional District Judge, Rupnagar, vide order dated 23.2.2007.

(2.) The facts, in brief, are that the Plaintiffs filed suit for recovery of damages, to be assessed by the court, while appointing expert Local Commissioner, for digging and removing the earth/soil and cutting and removing the trees by the Defendant from their land measuring 12 kanals 15 marlas situated in village/town Anandpur Sahib, Hadbast No. 22. According to them, 60 types of various trees were standing in their land, which were removed by the Defendant, who also dug and removed the earth therefrom in order to fill up the site in front of the Government High School Mataur, without their authority and consent. They had made that land fit for residential and commercial purposes by spending huge amount and the nature of that property was destroyed by the said act of the Defendant.

(3.) The suit was contested by the Defendant, who denied the contentions of the Plaintiffs by filing his written statement. On the pleadings of the parties the issues were framed and they were given opportunity to produce their evidence in support of their respective pleas.