JASWINDER SINGH Vs. DHIR SINGH

JUDGEMENT

(1.) The application is allowed and Annexures A/1 to A/3 are taken on record subject to all just exceptions.

(2.) Defendant No. 2 was proceeded ex parte as after initially appearing in person on some dates of hearing, none appeared for him thereafter nor any written statement was filed.

(3.) Defendant No. 1 contested the suit. He admitted that he sold 18 marlas land in question to the plaintiff vide sale deed dated 18.7.2001. However, defendant No. 1 pleaded that boundaries of the said land as described in the sale deed are not correct and in fact there is no public street towards south of the said land. It was mistakenly mentioned in the sale deed. On the other hand, it is private street left by defendant No. 1 for his own personal use. Plaintiff or any other person has no right to use it.