TARSEM SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 20.12.2011 passed by the Additional District Judge, Patiala accepting the appeal filed by the respondent and setting aside the judgment and decree dated 30.11.2010 passed by the Civil Judge (Junior Division), Nabha and as a result, the suit of the respondent-plaintiff for possession was decreed with costs.

(2.) The respondent-plaintiff filed suit for possession on the premise that he is exclusive owner of the land comprised in Khewat No. 27 Khatauni No. 87 Khasra No. 215/2(2-2) as per jamabandi for the year 2002- 03 situated in village Jindalpur Tehsil Nabha, District, Patiala. The defendant-appellant has illegally and forcibly dispossessed him from his land in December 2005. The suit land was got demarcated from Kanungo Halqa on 11.11.2006 and it was found that the land in dispute is in illegal possession of the defendant.

(3.) The defendant-appellant filed written statement and denied averments set up in the plaint with the plea that the jamabandi does not depict the correct picture as name of plaintiff stands wrongly mentioned in the jamabandi and liable to be corrected. It is further averred that he is the owner in possession of the suit land since 1986. The plaintiff never came into possession of the suit land so the question of dispossession of the plaintiff does not arise.