RAJESH KUMAR Vs. RAM SARAN

JUDGEMENT

(1.) The present application is for impleading the legal representatives of deceased Gurmel Singh -defendant no.1, who is stated to have expired on 09.05.2011. Legal representatives of deceased Gurmel Singh are mentioned in para no.2 of the application. Application is allowed subject to all just exceptions and for the limited purpose to prosecute this appeal.

(2.) INSTANT regular second appeal has been preferred by the appellants/defendants against the judgment and decree dated 06.02.2014 passed by learned Additional District Judge, Yamuna Nagar at Jagadhri whereby judgment and decree dated 13.11.2010 passed by learned Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri has been set aside and suit for possession of respondent no.1/plaintiff has been decreed.

(3.) THE detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiffs filed a suit for possession on the ground that they are owners of the land bearing khasra no. 256 measuring 5 marlas, fully detailed in the plaint, situated at Village Bilaspur, Hadbast No. 279, Tehsil Jagadhri, District Yamuna Nagar along with one Jungle Jalebi tree standing therein, however, in the last week of November 2004, defendant nos. 1 to 6 illegally occupied the same by putting manure pit, gohara and wood etc. The plaintiffs got their land demarcated on 02.06.2005 through revenue authorities and defendant nos. 1 to 5 were found in illegal possession of it.