GURDEV SINGH Vs. DATA RAM

JUDGEMENT

(1.) This appeal by the defendant/appellant is directed against the judgment and decree dated 21.4.1984 passed by the learned Additional District Judge, Hoshiarpur vide which suit filed by the plaintiffs/respondents No. 1 to 4 for possession of Taur shown in red colour marked by letters ABCEH in the site plan stands decreed partly.

(2.) Plaintiff/respondents filed a suit against the appellant/defendants for possession of Taur shown in the site plan attached with the plaint situated in abadi of village Sasoli, Tehsil and District Hoshiarpur. The Taur in dispute was said to be owned and possessed by Gurdial son of Sital ancestor of the plaintiffs and defendants No. 2 to 11 as per Khana Shumari Register prepared in 1852. The plaintiffs and defendants No. 2 to 11 inherited the taur in dispute from their forefathers. Defendant No. 1 purchased taur No. 13 min (51/2 marlas), which is situated on the western side of the taur in dispute on 9.3.1973 from Rehabilitation Department.

(3.) The plaintiff/respondents had also filed a suit for permanent injunction which was dismissed as no encroachment was detected to have been made by defendant No. 1 i.e. the appellant out of the taur of the plaintiffs and defendants No. 2 to 11. It was pleaded that defendant No. 1 admitted the ownership of the plaintiffs and defendant Nos. 2 to 11 over the disputed taur. Defendant No. 1/appellant was said to have constructed a kitchen, and a boundary wall over the site in dispute by taking forcible possession of the taur two months prior to filing of the suit. On the request of the plaintiffs, the appellant re fused to vacate the taur, hence the suit was filed seeking possession.