DEVINDER SINGH Vs. PARDEEP KUMAR

JUDGEMENT

(1.) C. M. No. 511-C of 2011 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 93 days in re-filing the appeal is condoned. Application stands allowed accordingly.

(2.) C. M. No. 512-C of 2011 : Allowed as prayed for. Main Appeal : Plaintiff Devinder Singh, having been non-suited by both the courts below, has filed this second appeal.

(3.) THE defendant broadly controverted the plaint averments and pleaded that defendant is owner in possession of the suit land, which is comprised of khasra no.242/37, having purchased it from Birpal Singh, vide sale deed dated 11.07.1989. The defendant got the said land demarcated and then raised boundary wall, without objection from anybody. Plaintiff's site plan was alleged to be wrong as no such site existed at the spot. The plaintiff tried to take possession of the defendant's land. It was also alleged that neither Harpal Singh nor Raj Kumar was owner of the suit land.