LAWS(P&H)-2010-1-241

SANT SINGH Vs. GULAB SINGH

Decided On January 27, 2010
SANT SINGH Appellant
V/S
GULAB SINGH Respondents

JUDGEMENT

(1.) This is second appeal by defendants who have remained unsuccessful in both the courts below.

(2.) Respondents filed suit for possession of 63 gathas of land being part of khasra no. 546 towards north east adjoining khasra no. 546/1 situated in village Sohana, by demolition of boundary wall raised by the defendants. The plaintiffs claimed themselves to be owners of land measuring 5 kanals 9 marlas comprised of khasra no. 546. It was alleged that defendants who are owners of adjoining land comprised of khasra no. 546/1 have encroached upon disputed portion measuring 63 gathas of the land of the plaintiffs comprised of khasra no. 546.

(3.) The defendants, however, pleaded that they raised their construction over their plot comprised of khasra no. 546/1 after taking demarcation and there is no encroachment by them over the land of the plaintiffs comprised of khasra no. 546.