RAMESH CHANDER Vs. KISHORI LAL

JUDGEMENT

(1.) The petitioner/plaintiff being aggrieved by order dtd. 1/11/2017 (Annexure P-8) passed by the Court of Additional Civil Judge (Senior Division), Pathankot whereby the application moved under Order 26 Rule 9 CPC by petitioner has been dismissed in civil suit No.CS/2407/2014 titled Ramesh Chander Vs. Kishori Lal and others.

(2.) The brief facts of the case are that petitioner filed suit for vacant possession of land bearing Khewat No.453, Khatoni No.625, Khasra Nos.1813 (0-12), 1814 (0-03), 1815 (0-08) total measuring 1 kanal 3 marlas and described as ABEFCD in red and blue colours in the site plan attached with the plaint, after removal of malba (structure) on the basis of demarcation which was conducted prior to filing of the suit and further restraining the respondents/defendants from raising any further construction over the suit property.

(3.) The suit is being contested by the respondents who filed written statement taking preliminary objection that the respondents are not having their houses in Khasra Nos.1813, 1814 & 1815 and house of respondent No.1-Kishori Lal is located in Khasra No.1832 & 1820 and houses of respondents Naresh Kumar, Bal Kishan and Major Sab are situated in Khasra No.1832. On merits it was pleaded that no doubt the respondents are co-owners in Khasra No.1818, they are also co-owners in Khasra No.1820 wherein their houses are existing. It is denied that petitioner is in possession of Khasra No.1818 or that the suit property is in possession of the respondents.