SHRI SURINDER Vs. CHHAJJU RAM AND OTHERS

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the learned trial Court on 16.03.1991 and modified by the learned first Appellate Court on 25.11.1992. The plaintiff invoked the jurisdiction of the Civil Court alleging that he is in possession of the suit land since the time of his forefathers, therefore, the defendant be restrained from interfering in such possession forcibly. The defendant contested the suit and pleaded that plaintiff is not owner and in possession of the suit land. The possession of the forefathers of the plaintiff was also denied. It was asserted that the suit land is part and parcel of the agriculture field of defendant No. 1.

(2.) ON the basis of pleadings of the parties, the learned trial Court framed the following issues: -

(3.) IT is the issue No. 1 which is important in the present appeal. On the said issue, the learned trial Court recorded a finding that plaintiff is owner and in possession of the suit land. Consequently, the learned trial Court decreed the suit. However, in appeal preferred by the defendant, the finding regarding ownership was set aside. It was held that Khasra No. 134//1/2 was owned by the defendant over which the plaintiff is claiming possession. The finding of the learned trial Court was modified holding that the plaintiff is in possession of the suit land but defendant No. 1 is the owner of the same. After returning such finding, decree was partly modified. The defendant was restrained from interfering in plaintiff's possession of the suit land except in due course of law.