SARDARA Vs. PATHANA

JUDGEMENT

(1.) This second appeal arises from a suit for possession of land comprised in khewat/katouni No. 205/204/206, bearing khasra No. 192, measuring 6 marlas, situated in village Fatehpur, H.B. No. 448, Tehsil Jagadhri, filed by plaintiff-Pathana against defendants-Sardara and another which has been dismissed by the Court of first instance vide judgment and decree dated 09.06.1981 and appeal preferred by the plaintiff has been allowed by the lower Appellate Court vide judgment and decree dated 02.03.1987 whereby suit of plaintiff has been decreed and judgment and decree of the Court of first instance have been set aside. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded by plaintiff, are to the effect that he was owner of land comprised in khasra No. 192 measuring 6 marlas. The defendants trespassed over the said in March, 1974.

(2.) Defendants resisted the suit on ground that they along with Jati Ram purchased the house vide registered sale deed dated 13.05.1986 from Malak Chand and others and they were in actual possession of the house along with courtyard and the courtyard was surrounded by a wall. The said house has been in continuous physical possession of defendant since the time of its purchase. Earlier, it was a kacha house and they had converted it into a pucca house after purchase. They also installed a flour-mill with electric meter fitted therein and installed a thrasher. It was also pleaded that earlier a suit was also instituted in the year 1974 against defendants by plaintiff regarding the land in khasra No. 192 and the same was dismissed on 17.10.1974 and now the present suit was barred by principles of res judicata. It was also pleaded that suit was not maintainable for non-joinder of necessary parties. Other allegations in the plaint were refuted.

(3.) On the basis of pleadings of parties, the Court of first instance framed following issues: