NAFE SINGH Vs. RAMDE

JUDGEMENT

(1.) This judgment shall dispose of following three Regular Second Appeal Nos. 71 of 1992, 92 of 1992 and 93 of 1992, filed by the defendant against the judgment and decree of the Additional District Judge, Jind, whereby the appeal filed by the plaintiff was accepted thereby decreeing his suit, as common question of law and facts arises in these appeals.

(2.) Briefly put, the plaintiffs filed a suit against the defendant for possession of land detailed in the plaint on the averments that they are owners of Khasra No. 491 measuring 3 Kanals 18 Marlas, as per jamabandi for the year 1977-78, whereupon, each of the defendants (in three separate suits have encroached upon the land of the plaintiff. Thus, the defendants are trespassers and so liable to be evicted. The defendants were asked time and again to hand over the vacant possession of the suit land to the plaintiff, but of no avail, hence this suit.

(3.) Defendant filed written statement and controverted the various averments made in the plaint. According to the defendant, the alleged demarcation was not done in his presence and so, he is not bound by the same. Defendant further averred that the suit land has not been specified and identified and in the absence of such, no executable decree can be passed and so, the suit is liable to be dismissed, on this ground alone. Defendant further averred that he is in possession of the suit land as owner for the last 15 years without any interruption and so, his possession is adverse to that of the plaintiff.