HAPPY KUMAR Vs. SHIAM SUNDER

JUDGEMENT

(1.) CIVIL Suit 136 of 1982 instituted on 23. 2. 1981 for possession of a plot fully described in the head note of the plaint and situated in Mahal Bhagat, Tehsil and Distt. , Ludhiana filed by plaintiff Shiam Sunder was decreed by Shri R. C. Ahluwalia, Sub Judge 1st Class, Ludhiana, vide his judgment and decree dated 4. 11. 1982 against Happy Kumar and four others. Feeling aggrieved, one of the defendants namely, Happy Kumar preferred Civil Appeal No. 100/26 of 1983, which was dismissed by Shri T. N. Gupta, learned District Judge, Ludhiana, vide his judgment and decree dated 3. 5. 1983.

(2.) IT is that judgment and decree of the First Appellate Court, which has been appealed against by Happy Kumar defendant in this Regular Second Appeal and which requires my examination of its sustainability.

(3.) PLOT No. 96 alongwith other plots was carved cut of Khasra No. 154 which was owned by defendants No. 2 and 5. They sold plot No. 96 to the plaintiff vide sale deed dated 30. 10. 1975 Ex. P-1 registered on 5. 11. 1975 whereas plot No. 99 was sold to Happy Kumar first defendant on 21. 2. 1975. PLaintiff was residing at Shimla. On the back of the plaintiff, the defendant No. 1 encroached upon plot No. 96 and constructed a house, which necessitated the filing of the suit. The defendant No. 1 took the plea that he had constructed the house on the plot which he had purchased vide sale deed dated 21. 2. 1975 after demarcation of the plot No. 99 was given to him by defendants No. 2 to 5. He denied to have encroached upon any portion of plot No. 96.