STATE OF HARYANA Vs. PARDEEP KUMAR VERMA

JUDGEMENT

(1.) SUIT filed by the plaintiff was dismissed by the trial Court vide judgment and decree dated 24.03.2006. Appeal preferred against the said decree failed and was dismissed on 23.10.2008. This is how, defendant is before this Court, in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) PLAINTIFF and defendant No. 2, had a common interest and the pedigree table drawn in the plaint reads as thus: -

(3.) IN defence, it was pleaded inter -alia that plaintiff and his forefathers have been in unauthorized possession of the suit land, that is owned by the defendant No. 1. The claim of the plaintiff that he and his predecessor -in -interest were in possession for the last over 100 years, was denied. Since, vide judgment and decree dated 05.08.1994 rendered by the trial Court and decree dated 07.05.1998, passed by the Appellate Court, liberty was granted to the State to dispossess the plaintiff, proceedings under 1972 Act were initiated. The claim of the plaintiff that he and defendant No. 2 had acquired titled qua the suit property being occupancy tenants was, however, denied.