JAI BHAGWAN Vs. KITAB KAUR

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgments and decrees dated 25.3.2009 and 29.9.2009 passed respectively by the Civil Judge (Senior Division), Rewari (hereinafter described as `the trial Court') and the Additional District Judge, Rewari (referred to hereinafter as `the first appellate Court') whereby the suit of the plaintiff-respondent was decreed and the appeal of the defendants-appellants was dismissed. The respondent had filed a suit for possession against the appellants pleading that she is owner in possession of the land measuring 1 kanal 2 marlas gair mumkin gait situated in village Gadla, Tehsil & District Rewari, fully detailed in paragraph 1 of the plaint; that she had been using the same as gatwar; that the appellants are having their properties on the northern side of the suit property; that they have no concern with the same; that about two months back, the appellants intended to raise construction on the disputed plot whereupon demarcation was got done on 31.5.2003; that the appellants were found in illegal occupation of the plot in dispute in eastern corner; that several requests were made to the appellants to clear the land in question but all in vain and hence, she was constrained to approach the Court.

(2.) Upon notice, the appellants put in appearance and filed their written statement resisting the suit. It was pleaded that they were owners in possession of the land comprised in khewat no.54 in view of the demarcation report dated 2.3.2002 and that they had not encroached upon any portion of the land owned and possessed by the respondent. The parties went to trial on the following issues:-

(3.) Both the Courts concluded that demarcation report dated 31.5.2003 revealed that encroachment had been made by the appellants on plot no.202 which belongs to the respondent, while demarcation report dated 2.3.2002 upon which the appellants were placing reliance showed that at the time when the said report was prepared, no construction was existing and whatever construction had been raised, was raised afterwards which was reflected in the demarcation report dated 31.5.2003 (Exhibit PW2/A). The suit was accordingly decreed and the appeal of the appellants was dismissed and aggrieved by the same, the present second appeal has been filed.