GURDIAL SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the learned District Judge, Ambala whereby the judgment and decree dated 10.2.1975 passed by the trial Court was set aside The suit filed by the plaintiff-appellant was consequently dismissed.

(2.) The appellant filed a suit for possession of a vacant site as fully detailed in the plaint on the allegations that he purchased the suit land from one Mehma Singh for a consideration of Rs. 800/- vide registered sale deed dated 4.1.1967 and that defendant Nos. 1 to 4 have trespassed on the site. A mandatory injunction to close the door marked 'X' in the site plan Exhibit P -2 and to desist from obstructing the plaintiff from erecting his wall was also prayed for.

(3.) Defendant Nos. 1 to 4 contested the suit and denied that the vendor of the plaintiff was the owner of the suit property or that the plaintiff ever came into possession thereof. Further, the defence taken by them was that they were in possession of the suit property and were the owners thereof. A plea was also taken by them that they had become the owners by way of adverse possession. Vendor Mehma Singh was also made a party to the suit as defendant No. 5 who supported the plaintiffs case by filing a separate written statement.